On March 27, 2024, the Quebec National Assembly introduced Bill 56, signaling a pivotal shift in Quebec family law by creating a new legal framework for common-law couples with children. This development, which amends the Civil Code of Quebec, addresses the financial vulnerability long experienced by de facto spouses in Quebec. As of June 30, 2025, common-law couples who cohabit and present themselves publicly as a couple will be afforded protections previously exclusive to married spouses. This new regime aims to balance personal autonomy with the financial security of children and their parents following a relationship breakdown.
The bill is a direct legislative response to social realities and past legal precedents, most notably the landmark Supreme Court of Canada case, Québec (Attorney General) v. A., 2013 SCC 5, often referred to as Éric v. Lola. In that case, the court upheld the distinction between the rights of married and unmarried spouses, ruling that Quebec’s exclusion of common-law couples from family patrimony provisions did not violate the Canadian Charter of Rights and Freedoms. Despite this ruling, the case highlighted a glaring gap in protections for common-law couples, particularly in situations of economic imbalance.
Now, more than a decade later, Quebec is moving towards bridging that gap for parents in de facto unions. The new framework represents a significant evolution, providing much-needed security for families while preserving the autonomy of those who choose not to marry.
Unlike in other Canadian provinces, de facto unions in Quebec confer no automatic financial rights upon separation. Regardless of the duration of the union or the shared use of assets, the financially disadvantaged spouse typically has no recourse against the other, except in rare cases where a claim for unjust enrichment is possible.
This legal void is particularly problematic in a province where more than 40% of couples live in common-law unions. Until now, the dissolution of such unions could leave one partner – often the primary caregiver – at a severe financial disadvantage.
Bill 56 changes this paradigm by introducing a legal framework that parallels the family patrimony regime applicable to married couples, though only for de facto spouses who share a child born or adopted after June 30, 2025.
The new provisions in the Civil Code of Quebec will bring significant changes for de facto spouses, specifically focusing on asset division, compensatory allowances, and succession rights.
Here is a summary of the new law;
1. Creation of a Parental Union Patrimony: The parental union patrimony will include the family residence and the rights that confer its usage, movables and ornaments that furnish the family residence and motor vehicles used for family purposes.
2. Equal Partition of Family Assets: Upon separation, the net value of the family residence, movables, and motor vehicles acquired after the birth or adoption of a child will be partitioned equally between the spouses. De facto spouses will also have access to deductions available to married spouses.
3. Compensatory Allowance: Upon the death of a spouse, the court may order the payment of a financial benefit to the surviving spouse to compensate them for their contribution to the deceased. The de facto surviving spouse may claim financial compensation for contributing to the enrichment of the other spouse. This provision mirrors the compensatory allowance available to married spouses, allowing one partner to be compensated for their role in supporting the other’s activities or projects. This should not be confused with spousal support, which was not addressed.
4. Exclusive Use of the Family Residence: During legal proceedings, a parent with custody of the child may be granted exclusive use of the family residence, even if they are not the titleholder. The other spouse will be prohibited from selling or mortgaging the property without consent.
5. Modification of Patrimony by Notarial Deed: De facto spouses may modify the terms of the parental union patrimony or exclude themselves from the new regime through a notarial deed. They may also agree to include additional assets beyond those specified in the legislation.
6. Succession Rights: Under the amended article, a surviving common-law spouse will be entitled to one-third of the deceased spouse’s estate, provided they had been cohabiting for at least one year prior to the death.
The new regime will not apply retroactively. It is limited to de facto spouses who are parents of the same child born or adopted after June 30, 2025. Couples with children born or adopted before that date may opt into the regime through a notarial deed, but they will not be automatically covered.
Unlike other provinces, Quebec’s legislation does not impose a minimum cohabitation period for eligibility. Instead, it focuses solely on the existence of a shared child. This approach places the child’s best interests at the forefront, ensuring stability and fairness without rigid cohabitation requirements.
Bill 56 is a step forward in protecting common-law spouses and their children from financial hardship, while preserving the autonomy of couples who prefer not to marry. The new framework reflects Quebec’s distinct legal culture, carefully balancing individual freedom with social responsibility.
However, some limitations remain. For example, the bill does not address spousal support for de facto spouses beyond child support, leaving a potential gap in protection for those who sacrificed career opportunities for family life.
As we await the full implementation of these changes on June 30, 2025, lawyers and financial advisors must prepare to guide clients through this new regime, helping them understand its implications and make informed decisions.
The introduction of Bill 56 marks a significant evolution in Quebec’s family law landscape. By recognizing the unique needs of de facto spouses with children, the province is taking a balanced approach to family justice. As always, the law will evolve with society’s needs, but this bill is a meaningful step towards greater fairness and protection for Quebec families.
Editorial note: This article was first published on LinkedIn in January 2023 and is republished here on the Benmor Family Law Group Blog for reference.
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