{"id":29882,"date":"2024-12-18T09:02:05","date_gmt":"2024-12-18T14:02:05","guid":{"rendered":"https:\/\/www.rsslex.com\/?p=29882"},"modified":"2024-12-20T08:50:02","modified_gmt":"2024-12-20T13:50:02","slug":"bill-56","status":"publish","type":"post","link":"https:\/\/www.rsslex.com\/en\/bulletins-en\/bill-56\/","title":{"rendered":"Bill 56 \u2014 Family Law Reform and Parental Union Regime"},"content":{"rendered":"

The National Assembly of Quebec has adopted Bill 56 entitled An Act respecting family law reform and establishing the parental union regime<\/em>, which will come into force on June 30, 2025. This initiative will introduce the parental union<\/strong> regime which will apply to de facto<\/em> spouses that will become parents of the same child after June 29, 2025.<\/p>\n

Major Modifications <\/strong><\/h2>\n

Creation of the Parental Union<\/u><\/p>\n

A parental union will be formed upon de facto<\/em> spouses becoming the parents of the same child after June 29, 2025. A parental union will terminate upon the death of either spouse, by the spouses ceasing their community of life, by the marriage or civil union of both spouses or by the marriage or civil union of either spouse with a third person.<\/p>\n

This notion of de facto<\/em> spouses will now be defined in the Civil Code of Quebec<\/em> whereas previously, de facto<\/em> spouses were only recognized in social and tax laws.<\/p>\n

Protection Measures<\/u><\/p>\n

The rules relating to the protection for married couples of the family residence and the movables which garnish it will now apply to de facto<\/em> spouses in a parental union, with the necessary adaptations. The legislator indicates that these protections will only subsist for 120 days following the separation.<\/p>\n

Parental Union Patrimony<\/u><\/p>\n

This parental union patrimony<\/strong> will be composed of the residences of the family or the rights which confer use to them, the movable property with which these residences are furnished or decorated, and the motor vehicles used for family travels. Contrarily to the family patrimony applicable to married couples, the parental union patrimony does not<\/em> include the benefits accrued under a retirement plan (pension plan and RRSP).<\/p>\n

Just like for married couples, the parental union patrimony will exclude property devolved to one of the spouses by succession or gift whether before or during the union.<\/p>\n

The de facto<\/em> spouses will be able to modify the composition of the parental union patrimony or withdraw from the application of the parental union patrimony provisions. This modification or \u201copting-out\u201d must be done by way of notarial deed, on pain of absolute nullity.<\/p>\n

At the termination of the parental union, the net value of the property composing the parental union patrimony will be partitioned equally between the de facto<\/em> spouses. This net value is established according to the market value of the property, on the date on which the right to partition arises, less the debts contracted for the acquisition, improvement, maintenance or preservation of the property.<\/p>\n

Furthermore, a deduction is made from the net value of the parental union patrimony for the contribution made by one of the spouses for the acquisition or improvement of property in the patrimony as well as for its increase in value acquired since the contribution, where the contribution was made out of:<\/p>\n