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 Lavallée, 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.
