By Michelle Cumyn
On March 7, 2025, the Paul-Andr茅 Cr茅peau Centre for Private and Comparative Law organized a half-day workshop on the new legal regime of parental union. The workshop (in person only) was led by Me Manon Ferrand, notary and lecturer at the Universit茅 de Montr茅al. An excellent summary of the discussions was published in the .
The new provisions introduced by the Act respecting family law reform and establishing the parental union regime appear mainly in articles 521.20 to 521.47 of the Civil Code. They came into force on June 29, 2025.
The parental union regime is a response to the case of 脡ric v Lola. This case involved a challenge to the constitutional validity of provisions in the Civil Code that grant protection to spouses who are married or in a civil union, but not to de facto spouses. The difference in treatment leads to inequalities between children born of different unions. In 脡ric v Lola, a majority of the Supreme Court upheld the validity of the impugned provisions, but reform was needed to ensure that de facto unions are recognized by the Civil Code and that it grants better protection to spouses who are economically vulnerable and, by extension, to their children. Note that the new regime does not apply to all de facto spouses but only to those who have children together.
Lawyer Michel T茅trault clarified the scope of the new regime. It applies as soon as de facto spouses who share a community of life become parents of the same child. Parental union ends when the couple ceases their community of life. This notion is already defined in the case law, but the existence as well as the end of community of life may be difficult to establish in certain cases.
Notary Dominique Lettre presented the rules governing the parental union patrimony. She highlighted the most important difference between this regime and that of family patrimony: parental union patrimony does not include pension plans and Registered Retirement Savings Plan (RRSPs). It is possible for the couple, by notarial act, to exclude the parental union patrimony completely within three months of the birth or adoption of their first child, or to modify it during the union by adding or removing certain assets.
Notaries and lawyers should pay attention to signs of abuse within the couple, both when they elect to exclude the parental union patrimony and when they divide their assets after a separation. Holding separate interviews may be advisable.
Professor and notary Christine Morin, from Universit茅 Laval, presented the important measures introduced by the new regime upon death. If a spouse in a parental union dies without a will, their surviving spouse will now receive a substantial share of the inheritance. It will be possible for the surviving spouse to ask that co-ownership of certain assets such as the family residence be maintained, or that such assets be allocated to them specifically.
In the event of separation, it will be important to remind spouses to review their wills.
Professor Louise Langevin of Universit茅 Laval highlighted the shortcomings and flaws of the new regime. She pointed out that 65% of children are born of unmarried parents in Qu茅bec. The material well-being of those children depends on the economic situation of each parent. It is still women who contribute the most to childcare and family tasks. When the union breaks down, they are often at a disadvantage. With the erosion of social programs provided by the state, there is increased reliance on family law to maintain a balance between spouses.
Could it be that marriage is more deserving, since it affords greater protection to parents and their children? Professor Langevin believes that the reform has 鈥済iven birth to a mouse鈥�.
Further Reading:
Bill 56, An Act respecting family law reform and establishing the parental union regime (SQ 2024, c 22), online:
Articles 521.20 to 521.47, 653, 654, 840, 844, 851, 856, 857, 1938, 2906, 3090.4 of the Civil Code of Qu茅bec.
Quebec (Attorney General) v A, 2013 SCC 5, [2013] 1 SCR 61 (known as 脡ric v Lola), online:
Emmanuelle Gril, 芦 Atelier union parentale 禄, Magazine Entracte, Printemps 2025, p 20, en ligne :