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Unlike church and courthouse unions and weddings, the notary can officiate at the location agreed upon with the couple. Choosing a notary, as an officiant, is advisable, especially when a couple wants to know the legal consequences of such a commitment and learn more about the differences between marriage and civil union. Our team of family law experts will be able to answer all these questions.
Whether it is a civil or religious marriage or a union, spouses and civil union spouses (same sex or different sex) have the same rights and obligations. They owe each other respect, fidelity, succour and assistance. They are bound to share a community of life.
In marriage or civil union, both spouses retain their respective names. The spouses together take in hand the moral and material direction of the family and exercise parental authority.
Today in Québec, married or civil union couples are, by default, subject to the matrimonial regime of partnership of acquests. However, they can choose the conventional separation as to property regime in their marriage or civil union contract. This contract must be received before a notary.
A marriage is terminated by a court’s judgment of divorce following court proceedings. The civil union may be terminated by a court’s judgment of dissolution or by a contract made before a notary without any intervention of the court, unless common children are involved.
If you die without a will (or without a marriage contract that says the property goes to the last surviving person), your estate will not necessarily be transferred to your spouse.