Rights of common-law spouses

Last April, we wrote a column informing you that de facto spouses do not enjoy the same protections as married couples in the event of a breakup.
At present, common-law couples are free to determine each other’s obligations and the rules of living together.
In the event of a break-up, each remains the owner of his or her own property, regardless of the length of the cohabitation or even the birth of children.

On June 2, in a brief press release, the Conseil du Statut de la Femme came out strongly in favor of a reform of family law granting the same protections to de facto spouses as to married couples.
The Council proposes that after two years of living together, or as soon as a child is born, de facto spouses should be subject to the rules governing the division of family assets, as well as those relating to alimony payable between spouses.
In concrete terms, if such a proposal were to be adopted, it would mean that at the time of separation, the values of family residences, vehicles, RRSPs and pension funds would be divisible, as a general rule, in equal shares between the spouses, regardless of who owns them – in the same way as married couples.

In order to escape this regime, the Council suggests that couples should be able to exercise a right of withdrawal by signing a notarial contract.
This would require the consent of both parties.
In the absence of such consent, common-law couples would, again according to the Conseil du Statut de la Femme, be subject to the same rules as married couples.

If you have any questions or concerns about this subject and need advice, we invite you to contact us.