A civil union is an institution similar to marriage, but which is different in some ways. This institution allows a couple, whether of different sex or not, to make a public commitment to live together; it affords rights and imposes obligations on both members of the couple.

When the Act instituting civil unions was adopted, this institution was distinguished from marriage because it allowed same-sex spouses to enter it. Since marriage between same-sex spouses is now permitted in Quebec, this distinction between marriage and civil union no longer exists.

The second major difference is the manner in which a civil union is dissolved. Under certain conditions, a civil union may be dissolved by a simple joint declaration made by the parties before a notary, while only a divorce judgment can dissolve a marriage.

Two people who live together without being married or joined in a civil union enjoy some of the same rights and obligations as married people. As a general rule, they must have lived together for more than three years, or more than one year if they have a child, in order to be considered de facto (also called “common law”) spouses.

But many important effects of marriage and civil union do not apply to de facto spouses. For example:

• There is no family patrimony between de facto spouses;
  
• A de facto spouse may not claim support for herself from the other spouse;
  
• A de facto spouse has no rights in her deceased partner’s estate, unless she is named as an heir under a valid will.

Any person 18 years or older may enter into a civil union provided that the following criteria are met:

• the person can provide free and enlightened consent;
  
• the person is not already married, or in another civil union;
  
• he or she is not the parent, child, brother or sister of the other person.

Two people of the same sex or the opposite sex may enter into a civil union.

Any person authorized to officiate at a wedding may officiate at a civil union, for example:

• Superior Court clerks and deputy clerks designated by the Minister of Justice;
  
• religious ministers (priests, pastors) authorized to do so by their religious societies;
  
• notaries authorized by law to receive notarized acts;
  
• any other person designated by the Minister of Justice, for example, mayors or municipal counsellors.

A religious minister cannot be forced to officiate at a civil union or marriage if it is prohibited by his or her religion.

The effects of civil union are similar to those of marriage. The spouses have the obligation to live together, and they owe each other respect, fidelity, support, and assistance.

Civil union also has the same effects as marriage with regard to running the family, exercising parental authority, contributing to household expenses, the family residence, the family patrimony, and compensatory allowance.

Spouses may choose their civil union regime (the equivalent of a matrimonial regime), as they do with marriage. If they not to choose a regime, they will be subject to the rules of “partnership of acquests.”

If a civil union is dissolved, each ex-spouse may seek support from the other.

Civil union bestows the same rights and obligations as does marriage with regard to taxes, workers compensation, successions, etc.

If one of the spouses becomes incapacitated and is unable to consent to necessary health care, the other spouse can consent in his place. This is true for de facto spouses, too, but being in a civil union makes it easier to prove your status as a spouse.

In a civil union between a man and woman, the law presumes that the mother’s spouse is the father of a child born during the union, or within three hundred days following its dissolution. In a civil union between two women, a similar presumption applies: when a child is born during the union or within 300 days of its dissolution, the biological mother’s spouse is presumed to be the other parent.

This presumption does not apply to a child born during a civil union between two men.

But all children enjoy the same rights, regardless of the circumstances of their birth. Parents, whether joined by marriage, civil union, or de facto union, exercise parental authority over their children together and must contribute to their needs.

Couples in a civil union can get married, transforming it into a marriage. They don't need to formally dissolve their civil union before getting married.

The effects of a civil union (the obligations to live together, and related to respect, loyalty, support and assistance, the direction of the family, the exercise of parental authority, contributing to household expenses, the family residence, the family patrimony and compensatory allowances) continue and become the effects of marriage.

The matrimonial regime will remain the same as when they were in a civil union, unless the newlyweds sign a contract that changes this regime. The conversion must be overseen by a competent public official.

A civil union is dissolved if one of the following occurs:

• one of the spouses dies;
  
• the court issues an order dissolving the union;
  
• the partners make a joint declaration before a notary that their willingness to live together has broken down irrereperably.

Note that if the spouses have children, the court must oversee the dissolution of the union, to ensure that the children’s interests are well-protected.

Yes. Parents, be they married, civil union spouses, or de facto spouses, have access to mediation as soon as the interests of the children are at stake. They are even obliged to attend an information session on family mediation.