This new matrimonial law regime came into effect in Quebec on June 30, 2025. It applies to all Quebec residents living in a de facto-law relationship who are the parents of one or more children born or legally adopted after June 30, 2025, regardless of how long the parents lived together before the birth or adoption of the child or children.
Its main objective is to provide increased protection for children in the event of the separation of their parents living in a de facto-law union.
If a couple already has children born before this date, the parental union regime will only apply once they have a new child born after June 30, 2025: there is no automatic retroactivity for children born before this date. In this case, however, the couple has the option to voluntarily join the parental union regime.
What is the legal definition of “de facto spouses”?
De facto spouses must live together and present themselves publicly as a couple. They are presumed to be living together if they share the same dwelling and are the parents of the same child. However, several factors must be taken into consideration to determine whether parties are living together: attachment, the existence of a common life plan between the parties, mutual assistance, pooling or sharing of income, etc. No single factor is decisive.
Parental union patrimony
The parental union regime provides for the creation of a parental union patrimony, which includes:
- the family’s primary and secondary residences
- the furniture in these residences that is used by the family
- the motor vehicles used for family travel
The following are excluded: retirement plans (RRSPs), pension funds, and property received by inheritance or gift by either spouse before or during the union.
De facto spouses may choose together to change (exclude or include) property in the parental union patrimony, or even to opt out of the regime entirely, but these changes must be recorded in a notarial deed en minute.
Other effects of parental union
- Protection of the family residence (and the furniture therein) during the parental union and for 120 days or more (as the case may be) following the end of the union: to prevent a child from being forced to leave the family residence too quickly following the separation of the child’s parents.
- Recognition of the parental union spouse as a spouse in the event of intestate succession: he or she then qualifies as a legal heir and is entitled to 1/3 of the estate; the children inherit the remaining 2/3.
End of the parental union
Parental union ends when the spouses stop living together, when one or both of the spouses marries or enters into a civil union with a third party, or when one of the spouses dies.
The end of the parental union results in the partition of the parental union patrimony in equal shares between the spouses: it is then the value of the property that is partitionable and not the property itself, since the parental union patrimony does not confer any right of ownership in respect of this property.
Compensatory allowance
Upon dissolution of the parental union, if one of the parents believes that he or she has become impoverished after contributing to the enrichment of the patrimony of the other spouse, he or she may apply to the court for a compensatory allowance.
Recommendations for persons affected by the new parental union regime
- Review your financial and estate plan.
- Make sure to clearly separate the investments you made before the start date of your parental union from those made after that date.
- You may want to include in your will a partition renunciation clause or a legacy of parental union patrimony rights.
If the parental union regime applies to you and may affect your financial future, consult your wealth management advisor to fully understand the financial implications.
Your fdp Financial, Tax and Estate Planning Team
