Marriage, common-law union, civil union: do you know the differences?
Posted: Sun Dec 22, 2024 10:27 am
We sometimes hear that after three years of cohabitation, spouses living in a common-law relationship automatically obtain the same rights as a married couple. However, this is completely inaccurate! This is a good example of the misconceptions that are often widespread and it is far from being the only one. However, your choice will have important legal implications for you and your couple, hence the need to seek information from a professional, such as a notary, before making a commitment.
Common-law union
A common-law union, or free union, arises from the saudi-arabia business email list simple cohabitation of two people forming a couple and is not subject to any formalities. Regardless of the length of the life together or even if children are born from this union, common-law spouses do not have the legal status of married or civilly united persons.
Generally speaking, the Civil Code of Québec does not provide for any rights or obligations for common-law spouses. For example, the rules surrounding family patrimony or spousal support do not apply to them. The same is true for succession: in the event of the death without a will of one of the common-law spouses, the survivor has no rights to the deceased's property.
There are, however, some exceptions to the rule. Indeed, over the years, several laws have been amended to grant them certain rights. For example, a common-law spouse is entitled to the surviving spouse's benefit if he or she meets certain criteria established by the Régie des rentes du Québec.
The separation of common-law spouses is also not subject to formalities. Each keeps his or her property and is responsible for his or her debts. Only property acquired and debts incurred jointly will be shared. On the other hand, the spouses will have to agree on the custody of children born of their union, as well as on the amount of alimony for them, if applicable.
Common-law union
A common-law union, or free union, arises from the saudi-arabia business email list simple cohabitation of two people forming a couple and is not subject to any formalities. Regardless of the length of the life together or even if children are born from this union, common-law spouses do not have the legal status of married or civilly united persons.
Generally speaking, the Civil Code of Québec does not provide for any rights or obligations for common-law spouses. For example, the rules surrounding family patrimony or spousal support do not apply to them. The same is true for succession: in the event of the death without a will of one of the common-law spouses, the survivor has no rights to the deceased's property.
There are, however, some exceptions to the rule. Indeed, over the years, several laws have been amended to grant them certain rights. For example, a common-law spouse is entitled to the surviving spouse's benefit if he or she meets certain criteria established by the Régie des rentes du Québec.
The separation of common-law spouses is also not subject to formalities. Each keeps his or her property and is responsible for his or her debts. Only property acquired and debts incurred jointly will be shared. On the other hand, the spouses will have to agree on the custody of children born of their union, as well as on the amount of alimony for them, if applicable.