On March 27, 2024, the National Assembly of Québec passed Bill 56, titled An Act respecting family law reform and establishing the parental union regime. This legislation recognizes the parental union for unmarried couples who are parents of the same child, whether born or adopted, after the law takes effect on June 30, 2025. The family law reform process began in 2023 with the adoption of Bill 12, introduced by Justice Minister Jolin-Barette, which focused on protecting children born from sexual assault and regulating surrogacy arrangements.
The latest reform in Quebec aims to provide greater protection for de facto (common-law) spouses in the event of separation, proposing that similar rules governing civil unions and married couples be extended to de facto spouses. Bill 56 addresses a significant gap exposed by the Supreme Court of Canada’s 2013 decision in Éric v. Lola, a high-profile case that upheld the exclusion of unmarried couples from certain legal protections afforded to married couples.
Under this new amendment, the rules of family patrimony will apply to unmarried Quebec couples who cohabit, publicly present themselves as a couple and have children together. This means that property accumulated during the union, such as the family residence, will be subject to specific rules in the event of a separation. The amendment establishes a “parental union patrimony”, comprising the assets owned by the spouses.
Source URL: https://www.spuntcarin.com/quebecs-family-law-reform-and-bill-56-what-does-this-mean-for-unmarried-spouses/
