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Married and Civil Union Spouses - The consequences of your union

Marriage Contracts

While you do not have to sign a marriage or civil union contract before starting a life together, there are several advantages to doing so. Today, more than half of the couples who marry sign a contract.

In this Infosheet, Éducaloi explains these advantages, the contents of a civil union or marriage contract, how to draw up and sign a contract, and how to modify it if necessary.

What is the purpose of a marriage or civil union contract?

Unless you sign a marriage or civil union contract, you are automatically subject to the “partnership of acquests” matrimonial regime. This regime has been the legal matrimonial regime in Quebec since July 1, 1970 and it applies to all couples in a marriage or civil union who do not have a contract. The legal regime prior to 1970 was “community of property.” To learn more, you can consult the Infosheet entitled Partnership of acquests.

Marriage or civil union contracts are also useful in that they allow you to transfer gifts (property or money) to your spouse or your children. There are two types of gifts allowed under a marriage or civil union contract: “inter vivos” (given while both spouses are alive) and “mortis causa” (given upon the death of one of the spouses).

Gifts under a civil union or marriage contract are generally given when the couple begins their life together, but can also be done any time during the civil union or marriage. The gift clauses can be modified at any time.

Is a contract still useful given that the family patrimony is now shared?

The rules governing the partition of the family patrimony provide that when a couple divorce or dissolve their civil union, each spouse is entitled to half of the property included in the family patrimony, such as the family residence, furniture, vehicles, and RRSPs. For further information, consult the Infosheet entitled Family patrimony.

Family patrimony does not include other property owned by the couple such as income property, businesses, investments other than RRSPs, and fur coats. This property is divided according to the civil union or marriage contract and the matrimonial regime.

What is the purpose of gifts inter vivos?

Not all marriage or civil union contracts include gifts. These gifts are usually given to benefit the spouse who has fewer financial resources.

The rules governing the partition of the family patrimony already provide spouses with minimal financial protection. The financial aid provided for by the partition of the family patrimony may be supplemented in your marriage or civil union contract in the form of gifts. It is up to you.

For example, a civil union or marriage contract may stipulate that the children of the marriage are to receive a gift of money on their twentieth birthday.

Be particularly careful when making gifts inter vivos! While divorce or dissolution invalidates gifts mortis causa, this is not the case for gifts inter vivos, which usually remain valid even after divorce or dissolution.

Can gifts mortis causa under my civil union or marriage contract be modified?

Yes. You can modify gifts mortis causa at any time by drawing up a will, unless the marriage or civil union contract stipulates that the gift given in contemplation of death is irrevocable. It is not recommended to make an irrevocable gift in a civil union or marriage contract because you cannot change your mind later on by drawing up a will.

Gifts in contemplation of death made in a civil union or marriage contract automatically become invalid in the event of dissolution or divorce.

How do I enter a marriage or civil union contract?

In Quebec, marriage and civil union contracts are only valid if signed before a notary.

Usually, marriage or civil union contracts are signed before the ceremony and take effect on the date of the ceremony (whether religious or civil). If you did not sign a marriage contract and wish to do so now, it is not too late. The law allows you to change your matrimonial regime during the marriage.

For example, Nadine and Bruno were married in 2000 and are subject to the matrimonial regime of partnership of acquests. After a few years of marriage, they now want to change their marriage contract so that they are subject to the matrimonial regime of "separation as to property" and they want to make gifts inter vivos. They can do so by signing a new marriage contract before a notary.

If you marry before the age of 18, the court must give you permission to enter into a marriage contract. If you want to have a civil union, you must be at least 18 years old.

Can I modify my marriage or civil union contract?

Yes. You can modify your contract before or after the wedding or civil union, as long as you and your spouse agree to the modifications. You must visit your notary to sign the new marriage or civil union contract.

It is not necessary to publish public notices for the benefit of creditors or to have them accept your new marriage or civil union contract.