ARTICLE
10 January 2025

Bill 56 — Family Law Reform And Parental Union Regime

RS
Robinson Sheppard Shapiro

Contributor

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The National Assembly of Quebec has adopted Bill 56 entitled An Act respecting family law reform and establishing the parental union regime, which will come into force on June 30, 2025.
Canada Family and Matrimonial

The National Assembly of Quebec has adopted Bill 56 entitled An Act respecting family law reform and establishing the parental union regime, which will come into force on June 30, 2025. This initiative will introduce the parental union regime which will apply to de facto spouses that will become parents of the same child after June 29, 2025.

Major Modifications

Creation of the Parental Union

A parental union will be formed upon de facto spouses becoming the parents of the same child after June 29, 2025. A parental union will terminate upon the death of either spouse, by the spouses ceasing their community of life, by the marriage or civil union of both spouses or by the marriage or civil union of either spouse with a third person.

This notion of de facto spouses will now be defined in the Civil Code of Quebec whereas previously, de facto spouses were only recognized in social and tax laws.

Protection Measures

The rules relating to the protection for married couples of the family residence and the movables which garnish it will now apply to de facto spouses in a parental union, with the necessary adaptations. The legislator indicates that these protections will only subsist for 120 days following the separation.

Parental Union Patrimony

This parental union patrimony will be composed of the residences of the family or the rights which confer use to them, the movable property with which these residences are furnished or decorated, and the motor vehicles used for family travels. Contrarily to the family patrimony applicable to married couples, the parental union patrimony does not include the benefits accrued under a retirement plan (pension plan and RRSP).

Just like for married couples, the parental union patrimony will exclude property devolved to one of the spouses by succession or gift whether before or during the union.

The de facto spouses will be able to modify the composition of the parental union patrimony or withdraw from the application of the parental union patrimony provisions. This modification or "opting-out" must be done by way of notarial deed, on pain of absolute nullity.

At the termination of the parental union, the net value of the property composing the parental union patrimony will be partitioned equally between the de facto spouses. This net value is established according to the market value of the property, on the date on which the right to partition arises, less the debts contracted for the acquisition, improvement, maintenance or preservation of the property.

Furthermore, a deduction is made from the net value of the parental union patrimony for the contribution made by one of the spouses for the acquisition or improvement of property in the patrimony as well as for its increase in value acquired since the contribution, where the contribution was made out of:

  • Property accumulated before the establishment of the parental union patrimony;
  • Property of a spouse who was a minor, accumulated before the spouse attains full age, and which does not form part of the parental union patrimony;
  • Property devolved by succession or gift before or during the union;
  • The fruits and revenues derived from the property referred to in 1) to 3);

The reinvestment of property gives rise to the same deductions.

Compensatory Allowance

The mechanism of a Compensatory Allowance, already existing for married couples, will also be available to de facto spouses in a parental union. At the termination of the parental union, a spouse may apply for compensation for the impoverishment of that spouse attributable to their contribution, in property or services, to the enrichment of the patrimony of the other spouse during the parental union regime.

It is, however, important to note that the legislator did not provide for any alimentary support between the de facto spouses of the parental union regime, while this obligation exists between married couples.

Legal Devolution of Successions

In matters of succession, Bill 56 provides for de facto spouses in parental unions to inherit in case of the death of the other spouse who dies intestate. In order for the surviving spouse to so inherit, they must establish that their community of life existed for at least one year before death, and that the deceased died without having executed a Will.

The surviving spouse will therefore be entitled to one third (1/3) of the estate and the children (children of the de facto spouses in parental union and children of the deceased born from a previous union) to two thirds (2/3) of the estate.

Unlike with married spouses, there remains no survival of the obligation of support for the de facto spouses in parental unions.

Protection Against the Abuse of Proceedings

In the case of abuse of proceedings, the Court will have the power to order a party to pay damages to the other, taking into account the history of the proceedings involving the parties, the impact that their repeated and disputed nature may have on the other party and on the child(ren), and whether there is an equal balance of power between the parties (including considerations of incidences of family violence).

An Adjustment to Today's Family Realities

This reform was highly anticipated since the decision of Éric vs. Lola1 rendered by the Supreme Court of Canada in 2013, and constitutes a step towards the legal protection of those de facto spouses who will become parents of a child after June 29, 2025, as well as an adaptation of Quebec law to the family realities of our society.

Considering these important changes that will come into force on June 30, 2025, do not hesitate to consult one of the partners or associates in our Family Law Group if you wish to obtain more information and determine to what extent these changes may affect your situation.

Footnote

1 2013 CSC 5.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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