New quebec parental union regime: This article explores the topic in depth.
However,
A major change takes place in family law in Quebec: de facto spouses who will welcome a child from June 30. For example, 2025 will be able to benefit from new protections in the event of separation. Moreover,
In a context where around two thirds of Quebec children are born from a free union. In addition, this reform offers protections similar to those of marriage, especially in terms of goods sharing.
Here is what to remember from the new Quebec Parental Union regime, which comes into force on Monday.
What are the people concerned?
To be automatically subject to the new law. For example, you must be jointly, that is to say that you must present yourself publicly as a couple and make a common life.
You must also be the parents new quebec parental union regime of the same child born or adopted after June 29, 2025.
For example. Meanwhile, a couple who would have had children with ex-spouses and who today trains a blended family is not considered to be in a parental union.
Same thing for a couple who would have had children before June 29, 2025. For example, That said, if this couple decided to have a new child, the diet would now apply to their family.
It is however possible to voluntarily adhere to the regime By signing a notarial deed. a written contract before two witnesses.
Married people, united in civil servant or already in parental union with another person cannot join the regime.
What are the new protections?
Once the parental union is established. a heritage of parental union is created, and certain protections new quebec parental union regime in the event of separation or death are guaranteed.
The creation of a parental union heritage makes it possible to pool certain goods shared by the family. He understands:
- The family residence (s) (s)
- The furniture in this. these residences (s)
- Family vehicles
The value of this heritage from the creation of the parental union will be shareable 50-50 in the event of separation.
In other words. if you buy a house before your child’s birth, it is only the value accumulated on this property since its arrival in the world that will be shared.
It is also agreed that if one of the spouses is the only owner. the only signatory to the lease of the family residence, he cannot sell, rent, hypothequet or yield this property without the consent of the other spouse.
And the new quebec parental union regime pension funds?
Parents in parental union do not have to share their savings. retirement products (Return, Historians), pension funds and RRQ In case of separation or death, as is the case for married couples.
What are the new rights?
The new regime also provides:
- The right to use the family residence
In the event of separation. a non -owner spouse could continue to have access, for a determined period, at the family residence if he shares custody of one or child born after June 29, 2025.
- The new quebec parental union regime right to a compensatory allowance
Still in the case of a separation. if one of the spouses has been more enriched than the other during the Union, the latter person could have the right to financial compensation.
This service is not systematic: it exists to compensate for the losses suffered in favor of the other. For example. if a woman had to be absent from her work for maternity leave and these absences had prevented her from conferring a better salary – by obtaining a promotion, for example -, she could be entitled to a service.
If one of the spouses dies without having left testament, the other spouse will inherit third of his succession. Children will inherit other two thirds. This is another monumental change since before, the common spouses were not recognized as legal heirs in Quebec.
The Unified new quebec parental union regime Family Court
The law establishing the Unified Family Court within the Court of Quebec also came into force on June 30. 2025. The latter will allow families to make their new rights prevail. ask their questions concerning family law on a single window to facilitate access. It is already the subject of many criticisms. in particular on the part of experts and groups of law professionals since it is only intended for couples in the parental union: married people or de facto spouses who have had children before the entry into force of the new regime will not be able to use it. Lawyer Anne-France Goldwater also seeks to have him invalidated.
Can we withdraw from the diet?
Parents automatically registered with the regime can withdraw from the heritage of parental union. The withdrawal of some or all the property of the family new quebec parental union regime must however be made before a notary. However, it is not possible to exclude new rights which affect the service and the estate.
To obtain any additional information, see the website (new window) From the government of Quebec or refer to a notary or a lawyer.
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