Starting June 30, life will change for many families in Quebec!
From that day on, once a child is born or officially adopted, their parents will automatically fall under the new parental union regime — unless they are legally married.
Why is this regime needed?
Have you decided not to marry? As common-law partners, once you become parents, you share joint responsibility for the child.
"As a general rule, the economic consequences of having a child and the potential financial losses associated with raising them should be shared fairly," explains Alain Roy, professor at the Faculty of Law at the University of Montreal, special advisor to the Minister, and chair of the advisory committee on family law.
"It shouldn't be that one partner bears all the losses for the benefit of the other. The parental union regime is designed to ensure fair distribution of economic losses through the parental union property and compensation payments."
Currently, if you are simply common-law partners in Quebec, you have no financial obligations to one another.
There is no division of property after separation and no right to inheritance.
What will change on June 30?
Unmarried couples who have a child (either born or officially adopted) after June 29, 2025, will automatically be subject to the parental union regime.
From the moment the child arrives, the couple begins to accumulate parental union property. What does this include?
- All family residences
- Furniture used in daily life
- Vehicles used for family needs (including ATVs, motorcycles, boats, airplanes, etc.)
Important: retirement savings, RRSPs, and annuities are not included in this property.
Inheritance and gifts are excluded.
They are not considered joint property.
If you were the sole owner of a home or car before the child’s birth, it will not be shared.
"You have to become the financial historian of your shared life," says lawyer Suzanne Pringle.
Main residence under protection
With the child’s birth, protective measures for the family home come into effect, even if the home is owned by only one partner. It cannot be sold, mortgaged, or rented out without the other’s consent.
“We protect the non-owner partner to avoid situations where they and the children could be left homeless,” explains Alain Roy.
If the home is rented, the protection applies even if your name is not on the lease.
Right to divide property after separation
In the event of a breakup, the couple has 120 days to:
- File for division of property
- Transfer the lease
- Retain the right to use the furniture
"You can’t just say to the other person, ‘Leave,’ because both have the right to live in that home," emphasizes Suzanne Pringle.
Compensation possibility
If one partner has become financially worse off and the other has gained wealth — compensation may be claimed.
Example: the mother temporarily left work and lost salary and seniority — the court may order compensation.
“To ensure this mechanism is more than just theoretical, there is an option to request an advance for legal fees,” adds Alain Roy.
How will compensation be calculated?
Previously, the court assessed a woman’s contribution based on the cost of hiring a nanny — which was unfair.
Now, the court will assess actual lost income. However, compensation cannot exceed the financial gain of the other partner.
Can you opt out of the regime?
Yes, but only from the property aspect of the parental union — and it must be done through a notary.
If done within 90 days of the child’s birth, the property regime does not come into effect.
However, you cannot opt out of housing protection or the right to compensation.
Can you voluntarily join the regime?
Yes! If you already have children, you can opt into the regime.
You just need to sign an agreement in the presence of two witnesses or a notary.
Can you add assets to the regime?
Yes, by mutual agreement. You may include RRSPs, annuities, retirement savings, and more.
“But don’t do it at a drunken party. Better to do it with a notary,” concludes Suzanne Pringle.