In Québec, many couples live together in a common-law relationship, without being legally married. However, in the event of a breakup, many are surprised to learn that common-law partners do not have the same rights as married couples. This detailed guide explores common-law separation in Québec, the legal implications, ongoing discussions around new legislation, and the available options for separated parents or partners.
Understanding Common-Law partner status
In Québec, a common-law partner is someone who has lived in a conjugal relationship with another person for a certain period, without being married. Contrary to popular belief, no automatic rights are granted to common-law spouses, regardless of the length of the relationship.
No family patrimony
Unlike marriage, there is no automatic division of property such as the family patrimony. Each person retains ownership of what is in their name, unless there is a specific agreement or a proven case of unjust enrichment.
No spousal support
The law does not provide for spousal support between common-law partners. This type of support is only possible if both parties have agreed to it in writing.
New law on Common-Law couples in Quebec: where do we stand ?
In recent years, discussions have taken place about amending the Québec Civil Code to grant certain rights to common-law couples. However, no official law has been passed.
The Supreme Court of Canada’s ruling in the “Lola v. Eric” case confirmed that Québec’s decision not to grant the same rights to common-law partners as to married couples does not violate fundamental rights. Still, the topic remains highly controversial.
Legal impacts of Common-Law separation
While no formal ceremony is needed to end a common-law relationship, the consequences of separation are very real especially when shared housing, children, or finances are involved. The absence of a formal legal framework can make the separation process more ambiguous, highlighting the importance of understanding your rights and potential remedies.
When children are involved
If the couple has children, the same rules apply as for married parents. Common-law separation with children involves clear legal obligations:
- Determining custody (sole, shared, or alternating)
- Calculating child support based on income
- Sharing child-related expenses (daycare, school, healthcare, etc.)
Parents are often required to complete the standard Quebec child support determination form, just like married couples.
Property and housing
The family home is often a central issue. If both common-law partners are on the mortgage, it’s crucial to decide who will continue the payments or if the property will be sold.
In the case of pensions or joint savings, it’s important to determine whether contributions were shared and how these can be claimed or divided.
If the couple bought a home together during the relationship, consulting a lawyer is often necessary especially in the absence of a cohabitation agreement. In most cases, this results in undivided co-ownership, meaning both parties legally share the property.
Upon separation, the home must either be sold or one partner must buy out the other’s share. Division of pension funds, mortgage payments, or property may require court intervention if there are disputes. Without a legal agreement, each partner keeps what is legally in their name. Housing can also be problematic if only one partner is listed as tenant or owner.
Debt and unjust enrichment
If one partner significantly contributed to the other’s assets without compensation, they may seek compensation through a civil court claim for unjust enrichment.
What law applies in case of separation ?
There is no codified law governing the separation of common-law couples as there is for divorce. Instead, a combination of jurisprudence and civil principles apply. Here’s what you need to know:
- You cannot file for joint divorce; divorce is only available to married couples.
- If agreements involve children or major disputes, they must go through the Superior Court.
What are your legal options?
1. Negotiate an agreement
If the separation is amicable, you can draft an agreement with a notary or lawyer regarding custody, support, and division of property.
2. Use mediation services
Family mediation is strongly recommended. Parents are entitled to up to 5 hours of free mediation funded by the government. It helps reduce costs and emotional strain.
3. Submit the agreement to the court
Agreements can be approved (homologated) by a judge to become legally binding, especially when children are involved.
4. Consult a Lawyer
In the case of conflict or non-cooperation, it is crucial to seek advice from a family lawyer. They can:
- Clarify your rights
- Draft legal documents
- Represent you in court
Contact us today. We’ll take the time to understand your situation and propose the best legal solutions to protect your rights and those of your children.
How to prepare for a Common-Law separation
Here are some practical tips to ease the transition:
- Create an inventory of assets (with proof of purchase if possible)
- Keep financial documents (bank statements, bills, lease agreements, etc.)
- Establish a post-separation budget
- Gently discuss custody arrangements with your children
Protecting your rights before separation: The cohabitation agreement
A cohabitation agreement can cover several elements:
- Division of property
- Financial responsibilities
- Use of the family home
- Child custody in the event of separation
This agreement must be notarized to have full legal value.
Get support for your Common-Law separation case
Although common-law separation may seem simple, it involves important legal nuances in Québec. Every family situation is different, and the applicable rules vary depending on the presence of children, financial circumstances, and existing agreements. It is essential to fully understand your rights and legal options.
Even in an amicable split, it’s often wise to have your agreements reviewed by a legal professional to ensure their long-term enforceability.
At Juriseo, our family law attorneys have extensive experience supporting common-law partners through every step of their separation. Whether you need help clarifying parental rights, drafting an agreement, or representing your interests in court, our team is here to guide you with empathy, precision, and professionalism.
Unsure about your legal situation? Don’t hesitate to consult a lawyer or turn to mediation. It’s better to act early than face injustice or financial loss.
Are you going through a common-law separation? Our family law experts are here to listen, advise, and support you every step of the way.
Contact us today. We’ll take the time to assess your situation and guide you with care, clarity, and legal expertise.