Common Law Couples
There is a serious misconception in Quebec with respect to the rights of common law couples. The fact is that if you are in a common law relationship, you do not have the same rights as a married couple. One of the biggest problems in Quebec is that whether you separate after a 2-year relationship or a 20-year relationship that was traditional where one of the spouses stayed home to either take care of the children, household or both, that spouse will not be entitled to receive a spousal support.
If you intend on having children with a common law partner or buying property, there are different ways we will advise you on how you can protect yourself in advance. For example, with a contract for common law couples, in order to protect yourself in the event of a separation, as the law does not provide any protection, aside from basic child support.
This misconception exists because every other province in Canada grants the rights of an entitled party in common law couples to receive a spousal support based on the parties’ respective financial situation, duration of marriage and number of children. It has been an issue that has been debated at length in the Superior Court of Quebec, Court of Appeal of Quebec and finally at the Supreme court of Canada. Unfortunately, the Supreme court overturned the Court of Appeal decision that had decided it was unconstitutional for there to be no entitlement to spousal support, as the majority believed that it is the right of the province and their population to decide whether or not they want to be bound by the rights and obligations of marriage.
If you have any questions, please do not hesitate to contact us in order to book a consultation.