New Parental Union Regime in Quebec: What you need to know

Starting June 30, 2025, a new legal regime called the parental union will come into effect in Québec. This change concerns common-law couples who have a child together and aims to better protect families in the event of a separation. Here’s what it means for you.

What Is the Parental Union?

The parental union automatically applies to couples who:

• live together,

• publicly present themselves as a couple, AND

• have a child born or adopted on or after June 30, 2025.

Couples who already had a child together before this date can opt into the regime if they wish but the regime does not apply to them automatically.

What Are the Legal Effects?

Sharing of Family Property

In the event of a separation, the accumulated value of certain property will be divided equally between the partners, regardless of who paid for it:

• the family home(s),

• furniture in those homes,

• vehicles used by the family.

Couples can also choose to add other assets to this shared property.

Option to Withdraw or Opt Out

Don’t want certain property to be included?You can remove assets or opt out entirely from the regime, but it must be done with a notary, and after the parental union has started.

Protection of the Family Residence

If the couple separates, the court may allow the parent who has custody of the child to stay in the family home for a set period.

Also, neither partner may sell, rent, or mortgage the family residence or its contents without the other’s consent.

Compensation for Inequalities

If one partner becomes financially disadvantaged by contributing to the family’s well-being (e.g., by staying home to care for children), they may request compensatory support from the court.

Inheritance Rights

If one partner dies without a will, the surviving partner will be allowed to inherit, which was not always the case for common-law couples.

Time Limit for Legal Claims

If there's a financial dispute between ex-partners, the usual 3-year time limit to file a civil lawsuit only starts after the separation, not during the relationship.

What About Spousal Support?

Note: this regime does not require ex-partners to pay spousal support to each other after separation.

However, both parents are still legally required to support their children, and child support may still be ordered.

Why This Matters

This new regime is designed to better protect common-law families by offering them a clear legal framework and similar rights to married couples, particularly when a separation occurs.

If you’re in a common-law relationship or expecting a child soon, it’s important to understand your rights and speak to a notary or lawyer to see what applies to your situation. As your family lawyer, I would be happy to answer any questions you may have on this topic.