Home > Family law and couples > Possible choices of matrimonial regimes

Family law and couples

Possible choices of matrimonial regimes

All spouses, whether united by civil or religious marriage or by civil union, have a matrimonial regime or a civil union regime. The regime lays down the rules for the economic relationship between the spouses and the fate of their property when the regime is dissolved.

The matrimonial or civil union regime comes into effect upon the solemnization of the marriage or the civil union—or the date of the deed changing the regime—and ends in the following circumstances:

• When there is a judgment of divorce or nullity of marriage or civil union

• When there is a judgment of dissolution of civil union by the court or when the civil union is dissolved before a notary

• By the spouses decision to adopt, by notarized contract, a new regime

• On the death of one of the spouses.

The Civil Code of Québec expressly provides for rules concerning two regimes: partnership of acquests and separation as to property.

The regime of partnership of acquests applies automatically to married couples (since July 1, 1970) and civil union couples (since June 24, 2002), who have not made a marriage or civil union contract. It is called the legal regime. Spouses may also opt for the regime of partnership of acquests by marriage or civil union contract signed before a notary, and add other conditions or particulars to it.

The regime of separation as to property cannot be adopted other than by a contract signed before a notary. In such contracts, all agreements that are not contrary to law are possible between spouses.

Spouses married before July 1, 1970, who have never signed a marriage contract are subject to the regime of community of movables and acquests, better known as community of property. This regime is no longer governed by the Civil Code of Québec, but couples already married under it nevertheless continue to be governed by its rules. Newly married or civil union spouses may also, by notarial marriage or civil union contract, choose a community-type regime.