A proposed Quebec law that aims to level the rights of married and common law couples doesn’t go far enough, experts say.
Bill 56, which would amend the Civil Code of Québec, will deem that a “parental union” is automatically formed once a child is born or adopted by an unmarried couple. It provides for the value of some assets acquired during a couple’s relationship — such as the family home, furniture or vehicle — to be divided equally if the “parental union” dissolves.
“It’s a start, but from my point of view, it’s a start that is clearly insufficient,” says Carmen LavallĂ©e, a professor of family law at the University of Sherbrooke.
The bill leaves children of common law couples unprotected from a drop in lifestyle in the event of a separation, she says.
“What Bill 56 provides is much less favourable than what is given to [married] spouses.”
Different categories of children
Currently, Quebec law affords greater protections to married parents who separate than parents in common law relationships. As a result, the children of divorced couples often fare better than the children of unmarried parents who split.Â
In a controversial 2013 decision, the Supreme Court of Canada upheld provisions of Quebec’s family law regime that denied common law couples entitlement to spousal support and property division rights. Common law couples in Quebec are thus not obligated to pay spousal support or to divide assets acquired by one partner during the union.Â
Bill 56 will change some aspects of this regime. Once Bill 56 comes into effect, “parental union” status will automatically apply to unmarried parents who have a child together after June 30, 2025, either by birth or adoption.
The law will extend rights already available to married couples to unmarried couples, says Peter Guay, portfolio manager and financial planner at PWL Capital, a portfolio management and brokerage services company.
Like married couples, couples in “parental unions” will be required to equitably divide assets acquired during the union.
And a parent who wins custody of a child or children will be able to continue living in the family home even if they did not pay for it — as is the case for many married couples who separate. The bill affords similar protections to common law couples who are tenants.Â
But the bill “may be criticized for being incomplete,” says Guay.
Children born before the law takes effect will not automatically be covered by it. Unmarried couples with children will need to opt into the new parental union regime by completing a provincial government form.
About 43 per cent of Quebec couples are in common law unions, according to 2021 Statistics Canada data. In 2021, 65 per cent of all children in Quebec were born to unmarried parents.
For Lavallée, the lack of protection for children born before June 30, 2025 is problematic. It effectively creates different categories of children, she says.
Safety net
Bill 56 also does not address the drop in income and loss of assets some unmarried partners can experience after separation, said Lavallée.
“The law is very, very focused on family residence and the sharing of family assets,” said Lavallée.
Quebec is the only province where people in common law relationships are not entitled to spousal support. Bill 56 does not address this gap, says Lavallée.
“Bill 56 does not currently provide for a mechanism that rebalances the difference in income between parents when they separate,” she said, which predominantly affects women.
“Having children has a negative effect on women labour force participation,” said Sophie Mathieu, senior program specialist at The Vanier Institute of the Family, a research and advocacy think tank for families.
“If you’re married, everything that is earned during marriage will be split at the time of divorce. If you’re not married and you’re a stay-at-home parent, then you’re in a much more vulnerable position should your conjugal union end.”
And being co-owners of a property does not necessarily protect one of the partners against impoverishment.
“Very often, when they break up, they do not have the financial means to buy the other person’s share,” said LavallĂ©e. “So they end up without, and that’s what explains why the child also experiences a significant decrease in their standard of living.”
Common law couples not covered under the law can enter a cohabitation agreement, which is a contract outlining the shared assets of both partners. But few couples take this route, says Guay.
“Cohabitation agreement remains the best practice, but because far too few people ever take that step, this new parental union [law] at least adds some extra protection,” said Guay.
“It’s not perfect, but it’s a step in the right direction.”
