Quebec's New Parental Union Law Creates Practitioner Considerations

Implications span cohabitation agreements, property rights, estates and separation Since June 30, 2025, the Civil Code of Québec has provided for a new legal framework applicable to certain de facto spouses: parental union. Without constituting a marriage or civil union, this regime automatically gives rise to certain legal effects, including the creation of a parental union patrimony. For practitioners, this reform calls for new considerations. Parental union must now be taken into account not only in the event of a separation, but also in the context of cohabitation agreements, estate planning and certain real estate transactions. It also calls for greater collaboration between lawyers and notaries, as the legislature has required certain agreements that modify or exclude the parental union patrimony to be executed by notarial act. Under article 521.20 C.C.Q., a parental union is formed when de facto spouses become the parents of the same child, or when the parents of the same child subsequently become, or once again become, de facto spouses. Certain limitations must, however, be kept in mind. Where one of the spouses is already married, in a civil union or in a parental union, a new parental union may only be formed once that prior union has been dissolved or ended. In addition, a parental union cannot be formed between persons who are, in relation to one another, an ascendant, a descendant, a brother or a sister. The regime applies automatically to spouses who become the parents of the same child on or after June 30, 2025, while those who were already the parents of a common child before that date may choose to become subject to it. Practitioners must therefore determine not only whether the conditions for the formation of a parental union have been met, but also the precise date on which the union was formed. A parental union entails the creation of a parental union patrimony. Like the family patrimony, it is established regardless of which spouse holds title to the property comprising it. Its scope is, however, more limited. Article 521.30 C.C.Q. covers the family residences or rights conferring the use of such residences, the movable property furnishing or decorating them and serving for household use, as well as the motor vehicles used for family travel. Unlike the family patrimony, it does not include rights accrued under a retirement plan or earnings registered under the Québec Pension Plan. Also excluded from the patrimony are property received by one of the spouses by succession or gift, before or during the union, as well as property belonging to a minor spouse until that spouse reaches the age of majority. These exclusions are in addition to the deductions provided for upon liquidation of the patrimony. Thus, where property forming part of the patrimony already belonged to one of the spouses at the time the parental union was formed, article 521.36 C.C.Q. allows, among other things, the net value of the property at the time the patrimony was constituted, as well as the increase in value attributable to that net value during the union, to be deducted from its net value upon partition, in accordance with the terms set out in the Code. As with the family patrimony, title to the property is therefore not determinative: a residence owned exclusively by one spouse may nevertheless form part of the parental union patrimony, and its value may be taken into account upon liquidation. The legislature affords spouses considerable autonomy with respect to their parental union patrimony. Article 521.31 C.C.Q. allows them, in particular, to modify its composition, either by adding certain property or by excluding property that would normally form part of it. Where the agreement seeks to exclude property from the patrimony, however, it must be executed by notarial act en minute , failing which it is absolutely null. Spouses may also choose to opt out entirely from the application of the provisions relating to the p