Civil union vs. de facto spouse: what should you choose?

Formerly known as concubinage, de facto union or common-law union now attracts many couples. It designates the common life of two unmarried people. The status is opposed to that of civil union, an act by which two people legally unite in Quebec. Civil union is the formalization of the relationship between two consenting individuals. Both statuses have their advantages, but they also have some disadvantages. So, which of these two identities seems ideal to consolidate your love and evolve your relationship with your partner? To help you make your choice, here are the mysteries of civil union and de facto union revealed in a few paragraphs.

What does it mean to be in a de facto union?

Partners who cohabit under the same roof as a married couple are identified as de facto spouses, but what are de facto spouses?

What is a common-law relationship?

A common-lawrelationship defines the lifestyle of an unmarried couple who live in the same residence. Regardless of the length of their relationship and the number of children born, there are no formalities governing the lives of de facto spouses. They have no legal status. This lack of identification is accompanied by a great disparity in their rights and obligations (alimony, family patrimony, inheritance rights, etc.) compared to married couples and civil union couples.

Over time, Canadian laws have become more flexible. They now grant certain rights to common law spouses. For example, following a death, the surviving partner can claim spousal benefits, subject to certain conditions set by the Régie des rentes du Québec.

What are the specificities of a de facto union?

Although the responsibilities and rights of the various matrimonial statuses differ, de facto unions and civil unions share some similarities, centered on the rights of children. Descendants born of a de facto union have the same prerogatives as children born of a civil union and a marriage. This regulation turns a blind eye to the family context and relies solely on the equal rights of children.

The law is also very lenient towards common-law partners. It allows them to modify their legal obligations and rights as they see fit, as long as they do not exceed the legal limits. Changes in the couple’s life together will be set out in a cohabitation agreement (an agreement to settle the financial details of the life together of a common-law couple).

Some people think that common-law status automatically progresses to marriage or civil union status over the years. However, the identity remains intact and is independent of the length of the relationship.

Are there any disadvantages to being in a common-law relationship?

Assuming common-law status is a personal choice. The couple’s decision is made with full knowledge of the facts.

Because of the informality of the identity, common law couples lose some of the prerogatives of married, civil union and PACS couples. If the relationship ends, the de facto spouse cannot benefit from the protection of the family residence. Theoretically, he or she is a tenant or roommate who shares the residence with the owner or tenant named in the lease agreement. Therefore, the landlord or tenant has the right to evict him/her at any time. In the event of separation, the de facto spouse cannot expect either alimony (for the de facto spouse) or compensation for work done during the union. He or she can also waive the division of property.

The statute does not allow for any inheritance to the survivor in the event of the death of a common law spouse. This rule applies in the absence of a will stating otherwise.

What does it mean to be in a civil union?

In Quebec, the definition of civil union is the official celebration of the union of two persons.

What is civil union?

The concept of civil union was introduced in Quebec through the Civil Code in 2002. It was born from the initiative toallow same-sex couples to legally unite, knowing that their marriage was still impossible at the time. However, this decision does not prevent opposite-sex couples from choosingcivil unions.

Civil unions are similar to marriage. From a legal point of view, civil union couples and married couples have the same goals. They have the same responsibilities and the same privileges regarding the matrimonial regime and family patrimony. The civil union can be similar to the pacs.

Their main difference is the legal age. Couples who choose a civil union must be 18 years of age or older, whereas at 16 years of age, everyone is entitled to marry. Also, the terms of dissolution of the civil union and marriage vary. An agreement signed by the spouses in the presence of a notary is sufficient to dissolve the civil union. However, the pronouncement of divorce by a judge or the death of a spouse puts an end to the marriage.

What are the characteristics of a civil union?

Like marriage, a civil union is a solemn act of public commitment between two individuals. By entering into a life together, the persons concerned respect the rights and obligations that surround their union. The civil union is only valid in Quebec, unlike marriage.

The formalization between the spouses takes place before an authorized officiant:

• The mayor;
• A municipal councillor;
• A clerk;
• A notary;
• Civilian officiants authorized to witness and authenticate the act.

Your relative (your best friend, your grandfather, your cousin, your aunt…) can also slip into the shoes of an officiant and authenticate the ceremony under certain conditions.

On the other hand, a single opposition or a request for annulment of the union (by a relative) compromises its validation.

How can a civil union be terminated?

The refusal of a spouse to continue living together, the civil marriage of the spouses or the death of a spouse are the main causes of the dissolution of a civil union. There are different ways to dissolve a civil union.

In the absence of a child, a joint notarized declaration is sufficient to terminate a civil union. Otherwise, the couple must abide by the court judgment. The intervention of a lawyer will facilitate the task.

In the second case, the marriage of the spouses in a civil union terminates the previous status. No formalities are required, as the transfer is automatic.

Finally, the death of a spouse cancels the civil union.

Civil union VS de facto union

Civil union and de facto union are two distinct concepts, as evidenced by their differences.

Household expenses

Married and civil union spouses have a legal obligation to take care of the household. Their joint contribution depends on their respective financial capacity. Thus, they are responsible for food, clothing, maintenance of the marital home, insurance..

However, there are no responsibilities or obligations for couples in a de facto union. Partners are free to contribute or not. However, the cohabitation contract may provide for certain obligations to be respected.

Management of the family residence

Couples in a civil union work together to choose the family residence. In the absence of a choice, the residence in question is the place where the family’s main activities are carried out, according to article 395 of the Civil Code.

Articles 404 and 413 assign an obligation to protect the family residence. The spouses shall implement adequate preventive measures against possible disasters (fire, burglary, theft, water damage…).

In the case of a common-law relationship,no measures are required regarding the choice of the family residence. The law does not provide for any presumption regarding the family residence and no rules governing its protection. However, protective measures are required for undivided owners if the spouses are undivided owners (owners with an equal share of the property) of the family residence.

Solidarity of debts

Under article 397 of the Civil Code, spousesin a civil union are jointly and severally liable for debts contracted to meet the needs of the family. However, the other partner is not concerned if he or she has previously expressed his or her wish to be excluded.

In the case of a de facto union, there is no solidarity of debts between de facto spouses. However, it takes effect if the couple claims to be married at the time of the subscription.

Compensatory allowance

In a legal separation (a situation that erases all conjugal life without putting an end to the civil union), an annulment of the civil union and a divorce, a spouse is entitled to claim a compensation benefit from his or her ex-partner. The compensation will cover the spouse’s share of contributions (in services or property) to the family’s assets and those of the spouse.

In the event of separation, common law spouses do not obtain any form of compensation. However, a living together contract stipulating the contrary validates the privilege. The payment goes through some administrative procedures.

The family patrimony

During the period of divorce in a civil union, the family patrimony will be divided according to the couple’s matrimonial regime.

In a de facto union, the spouses are not subject to the rules governing family patrimony. Each individual is entitled to keep his or her respective property throughout their life together. In fact, de facto spouses are identified as single persons under the Civil Code. They can therefore keep their property at all times.

Spousal and child support

The terms of spousal support payments vary according to the status of the union. In a civil union, the court awards alimony to the less wealthy spouse to compensate for financial dependence. However, there is no alimony for common law spouses who separate. Even so, they can establish another form of alimony or financial compensation in a cohabitation contract.

Unlike spousal support, child support remains valid regardless of the status of the parents. In both civil and common-law relationships, the spouse with custody of the children is entitled to support.

The right of the children

Regardless of the circumstances of their birth, all children have the same rights. They also have the same obligations in the event of their parents’ incapacity, according to article 522 of the Civil Code.

However, an exception confirms this rule. Children born of a marriage or civil union are entitled to protection of the family residence. This right is absent for children from a common-law union.

Compensation following a death or breakdown

Civil union couples are entitled to compensation following the death of their partner. The rule applies under a series of laws on:

• Worker’s Compensation;
• Occupational diseases;
• Automobile insurance;
• Annuities;
• Compensation for victims of crime.

In a de facto union, the death of a spouse gives the survivor the same rights in terms of compensation. This prerogative requires a few conditions: to justify a cohabitation of 3 years or to have at least one child. Depending on the region, the length of cohabitation varies. The applicant must provide proof of their cohabitation.

Following a break-up, common-law spouses share their earnings accumulated during their life together with the Régie des rentes du Québec. However, the act requires the consent of both parties.