Civil unions in Quebec
Encyclopedia
Civil union
s in Quebec are available in Quebec
to both opposite-sex and same-sex couples and generally creates the same rights for the partners as a traditional marriage
.
As a result of a range of activism and to the M. v. H.
decision, the National Assembly of Quebec
voted unanimously in 2002 to amend the Civil Code of Quebec
to create a status of civil union in Quebec, available to both opposite-sex and same-sex couples and largely having the same rights as marriage
. The law was enacted on June 24, 2002.
A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries obligation
s and benefits equivalent to that of marriage including the obligation of support
(CCQ art. 585) and the establishment of a family patrimony
and family residence (CCQ art. 521.6) and may otherwise be modified by a contract
(CCQ 521.8) similar to a pre-nuptial agreement and may agree to a particular property regime similar to available matrimonial regime
s. It creates a family connection between the spouses and their relatives (CCQ art. 521.7).
Judicial conciliation is merited "when the spouses cannot agree on their rights and performance of their duties" (CCQ art. 521.9). Such union may be annulled
within three years if irregularly contracted (CCQ arts. 521.10-521.11). A civil union ends at death of one of the partners or may be dissolved by judicial dissolution or by a 'transaction agreement' and 'joint declaration' before a civil law notary
and recorded en minute if both partners consent and they settle all the consequences of the dissolution (CCQ arts. 521.13-521.16).
Judicial dissolution is merited when "the interests of the common children of the spouses are at stake" or where the parties cannot otherwise agree (CCQ art. 521.17 para. 1). Provisional orders of support, custody and access may be entered during the pendancy of the dissolution action (CCQ art. 521.71 para. 2) and the court may, upon or after pronouncing dissolution decide maintenance, custody and education issues in the best interests
of and with due regard to the rights of the children (CCQ art. 521.17, para. 3).
The act establishing the regime of civil union also modified rules creating filiation for biological children of one of the partners, and for adopted children as well as the recognition of parental authority and child support obligations so they will apply to civil union couples as well as married couples.
In March 2004, Quebec same-sex couples won the right to marry
. Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s in Quebec are available in Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
to both opposite-sex and same-sex couples and generally creates the same rights for the partners as a traditional marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
.
As a result of a range of activism and to the M. v. H.
M. v. H.
M. v. H. [1999] 2 S.C.R. 3, is a landmark decision of the Supreme Court of Canada on the rights of same-sex couples to equal treatment under the Constitution of Canada....
decision, the National Assembly of Quebec
National Assembly of Quebec
The National Assembly of Quebec is the legislative body of the Province of Quebec. The Lieutenant Governor and the National Assembly compose the Parliament of Quebec, which operates in a fashion similar to those of other British-style parliamentary systems.The National Assembly was formerly the...
voted unanimously in 2002 to amend the Civil Code of Quebec
Civil Code of Quebec
The Civil Code of Quebec is the civil code in force in the province of Quebec, Canada. The Civil Code of Quebec came into effect on January 1, 1994, except for certain parts of the book on Family Law which were adopted by the National Assembly in the 1980s...
to create a status of civil union in Quebec, available to both opposite-sex and same-sex couples and largely having the same rights as marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. The law was enacted on June 24, 2002.
A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries obligation
Obligation
An obligation is a requirement to take some course of action, whether legal or moral. There are also obligations in other normative contexts, such as obligations of etiquette, social obligations, and possibly...
s and benefits equivalent to that of marriage including the obligation of support
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
(CCQ art. 585) and the establishment of a family patrimony
Family patrimony
Family patrimony is a type of civil law patrimony that is created by marriage or civil union which creates a bundle of entitlements and obligations that must be shared by the spouses or partners upon divorce, annulment, dissolution of marriage or dissolution of civil union, when there must be a...
and family residence (CCQ art. 521.6) and may otherwise be modified by a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
(CCQ 521.8) similar to a pre-nuptial agreement and may agree to a particular property regime similar to available matrimonial regime
Matrimonial regime
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the...
s. It creates a family connection between the spouses and their relatives (CCQ art. 521.7).
Judicial conciliation is merited "when the spouses cannot agree on their rights and performance of their duties" (CCQ art. 521.9). Such union may be annulled
Annulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
within three years if irregularly contracted (CCQ arts. 521.10-521.11). A civil union ends at death of one of the partners or may be dissolved by judicial dissolution or by a 'transaction agreement' and 'joint declaration' before a civil law notary
Civil law notary
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State...
and recorded en minute if both partners consent and they settle all the consequences of the dissolution (CCQ arts. 521.13-521.16).
Judicial dissolution is merited when "the interests of the common children of the spouses are at stake" or where the parties cannot otherwise agree (CCQ art. 521.17 para. 1). Provisional orders of support, custody and access may be entered during the pendancy of the dissolution action (CCQ art. 521.71 para. 2) and the court may, upon or after pronouncing dissolution decide maintenance, custody and education issues in the best interests
Best interests
Best interests or best interests of the child is the doctrine used by most courts to determine a wide range of issues relating to the well-being of children. The most important of these issues concern questions that arise upon the divorce or separation of the children's parents...
of and with due regard to the rights of the children (CCQ art. 521.17, para. 3).
The act establishing the regime of civil union also modified rules creating filiation for biological children of one of the partners, and for adopted children as well as the recognition of parental authority and child support obligations so they will apply to civil union couples as well as married couples.
In March 2004, Quebec same-sex couples won the right to marry
Same-sex marriage in Quebec
On March 19, 2004, the Quebec Court of Appeals ruled similarly to the Ontario and B.C. courts, upholding Hendricks and Leboeuf v. Quebec and ordering that it take effect immediately...
. Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.