Do you want to learn about Quebec common law and how it affects you? This article provides general information about common law in Canada, as many people contact law firms for help. Many people contact us to purchase two hours of legal advice from a lawyer for a flat rate of $700. Most of the time, they want to know if they are common law or not.

Couples who live together without being married or in a civil union are recognized as having a common-law relationship called a “de facto union.”

These unions offer legal protection to partners, including spousal support, property division, and succession rights. One significant advantage of a de facto union is that it provides legal protections similar to marriage or civil union without requiring a formal ceremony or registration with the government.

The same level of legal protection

It’s crucial to understand that de facto unions in Quebec do not provide the same level of legal protection as marriage or civil union. Common-law partners must establish their rights through a legal process that can be time-consuming and costly.

To avoid potential disputes, partners should consider having a written agreement called a “de facto union contract” that outlines their rights and obligations toward each other.

A de facto union contract can cover various issues, such as property ownership, financial support, custody and access to children. The contract can also establish how the partners’ property will be divided in the event of a separation or the death of one partner.

De facto unions offer some legal protection

While de facto unions offer some legal protection, having a de facto union contract is advisable to ensure that both partners are protected. It’s crucial to note that a qualified legal professional should draft this type of contract to ensure it is legally binding and covers all necessary issues.

De facto unions provide legal protections to couples in Quebec who live together without marriage or in a civil union. Although they offer some legal protection, it’s advisable to have a de facto union contract to ensure that both partners are protected in case of separation or the death of one partner.

How do you prove common law in Quebec?

A common-law relationship is recognized by law as a “de facto union,” and certain conditions must be met to establish its existence. For a couple to be recognized as being in a de facto union, they must have been living together continuously for a minimum of 12 months or have a child together. They must live together as a couple and share a residence, expenses, and household tasks.

Suppose there is a disagreement regarding a de facto union. In that case, the court will consider various factors, such as whether the couple presents as a couple in public, whether they have shared bank accounts or credit cards, and whether they share expenses and household tasks.

It’s essential to remember that de facto union partners should have a written agreement that outlines their respective rights and obligations toward each other to avoid conflicts and ensure legal protection. This document is a “de facto union contract” or “cohabitation agreement.”

Opting out of marriage

More and more couples today are opting out of marriage. The social stigma around unmarried couples living together is almost nonexistent. Many people want to stay away from the traditional values of marriage. So what does that mean when common-law couples in Quebec have a falling out?

Quebec family law is built upon the premises of resulting and constructive trusts. This means that for most properties, one party can claim ownership and entitlement rights to a property. Further, they must prove that their actions, money, and work amounted to property ownership.

Quebec Common Law and Civil Unions

If a couple has been living in a condo for ten years but only one of the people has paid the down payment, the mortgage, utilities, and property taxes, the other person is unlikely to obtain any value from that property upon separation.

Let’s say a common-law couple has been in a relationship for 15 years, and one of the parties has built up a pension for those same 15 years. That person worked at a specific job and earned a pension. The other party is unlikely to obtain any part of that pension.

There are specific situations that call this division of property into question. An example would be that one partner gave up their career to raise the couple’s children.  Even if couples are not considering getting married, they should discuss their property rights with a family law lawyer.

This will help them determine whether a cohabitation agreement makes sense. Other legal contracts could also be beneficial in protecting their assets in the case of separation in the future.

If you are no longer in your common-law relationship, you do not earn enough income, and you have been living together for three years, you might be able to ask your spouse to pay support. Therefore, get advice from a family lawyer in Quebec.

“Questioning” in Family Law and Common-Law Union

If you have attended your first court appearance in the family law court, you have likely heard a judge or a lawyer mention that leave has been granted to proceed with questioning. You might think that this is just another formality.

Many clients also think this is what the judge needs to deal with before they can proceed with a motion date or try to get to a trial.

Questioning in family law is much more important than just another hoop the court wants you to jump through. Therefore, it can be your best opportunity to get the answers you need to avoid going to trial and potentially spending $5000+ on family lawyers.

Questioning is what the Quebec family law courts refer to as your opportunity to direct and cross-examine the other party on the unresolved issues in your case.

These can include family issues such as:

• bank accounts they refuse to share information about
• whether they committed past actions that have led to problems with the children
• loss of property items

Long-Term Partners and Family Patrimony

Questioning is the time for you and your lawyer to rehearse going to trial without dealing with a judge monitoring the event. You can ask pretty much whatever you want to ask.

This goes for the opposing party as well. If both parties have lawyers, the lawyers will likely not only attend to asking the questions but also object to specific questions that are inappropriate or harmful to their clients.

Both parties will be able to question the other. You must be prepared to ask the questions you want answers to and deal with the difficult questions your ex will want you to answer. Further, it is a good idea to discuss potential areas that you think will be raised by your ex in question.

Further, this will enable you to better prepare to deal with them. You and your family lawyer can also form a working strategy on how to get the most out of your own questioning time.

Quebec Lawyer Locations

• Montreal
• Quebec City
• Gatineau
• Sherbrooke
• Trois-Rivières

Quebec Common Law and Civil Unions

One province in Canada does not recognize common law, and that’s Quebec. If you are common law, you might want a separation agreement. The guideline in Ontario is that the couple must have been living together for three years or one year with a child. It’s different in Quebec. Therefore, speak to a lawyer in the province where you need help.

Cohabitation agreements are becoming more popular. Dr. Phil recently discussed the topic. Here are the key points from the video that should be included in the agreement.

• How much time one person can stay in the house if there is a breakup
• Negotiating a modest lump sum payment if there is a breakup
• Details about what happens if the spouse on the title for the property dies. Does the other common-law partner get the property? Does the spouse on the title have a will?

Some common-law partners are in a marriage-like relationship, and the courts treat them as a married couple.