If your civil union has broken down, it can be dissolved, ending the legal obligations and rights of the spouses. The dissolution leads to :
- The partition of the family patrimony;
- the liquidation of the civil union regime;
- the settlement of the other consequences of the dissolution (child custody, support payments, compensatory allowance, etc.);
- freedom to begin another civil union.
Dissolution of a civil union
If you lived with your former spouse in a civil union and have no children, and if you both agree on all aspects of your separation, you may dissolve your union by a joint statement made before a notary. If you have children and have already agreed on all aspects of your separation, you can present a joint application on a draft agreement before the court; if you do not agree, one spouse may present a separate application.
A civil union is a commitment made by 2 individuals of the same or the opposite sex to live together and to respect the resulting rights and obligations. A civil union must be solemnized in accordance with certain conditions, failing which it may be annulled by a court.
The couple must
- contract their civil union in a public place;
- give their consent in public before 2 witnesses and an authorized officiant, who may be
- a clerk or deputy clerk of the Superior Court,
- a notary authorized by law to execute notarized acts,
- a mayor, a municipal or borough councillor, or municipal officer,
- a person designated by the Minister of Justice and chosen by the couple.
A notice of civil union must be published by the officiant before the ceremony.
Although a civil union creates the same civil effects as a marriage, the rules are different with respect to
- the age required to form a civil union;
- the process for dissolving a civil union;
- the law applicable if the couple does not live in Québec or formed a civil union outside Québec.
The couple can select their civil union regime.
The spouses in a civil union enjoy the same legal protection as married spouses under Québec law with regard to
- the partitioning of the family patrimony;
- the location of and protection for the family residence;
- the obligation of support between the spouses;
- the right to inherit, even without a will;
- the right to obtain a compensatory allowance;
- the right to obtain compensation or a monthly pension if the spouse dies in a work-related or road accident.
However, civil unions are not recognized under federal laws. Spouses in a civil union are considered to be de facto spouses.
Clientele
Couples wishing to form a civil union.
Conditions
The spouses must
- be at least 18 years of age;
- not be close relatives;
- be free of any past matrimonial bond or civil union.
