Types of Matrimonial Regimes in Quebec Everything has an end and so do marriages. The end, however, may not be peaceful. There are myriad cases reaching courts regarding disputes over division of properties after the dissolution of marriage. To tackle these disputes Matrimonial regimes were formulated by the law makers. A matrimonial regime is a system of rules that govern the economic relation between the spouses and between spouses and third parties. There are the following 3 types of matrimonial regimes. partnership of acquests, separation as to property, community as to property.
The oldest of the 3 matrimonial regimes is the Community as to Property. Every couple in Quebec, who got married before July 1970 without signing a marriage contract, were married under this legal regime. Under this, the property of the couples is divided under the following 3 heads: Community Property, which is administered by the husband, Private Property, that is, the property bought under an individual’s name, is administered by the spouses individually, during and after the marriage and, Wife’s Reserved Property which is administered by the wife.
Since 1st July 1970, couples who married without a marriage contract fell under the matrimonial regime of Partnership of Acquests. The rules under this regime classify the properties as acquests and private property. An acquest is something which is obtained during the marriage. It includes the property not declared as private property by law.
The most commonly chosen matrimonial regime is the Separation as to Property. The properties of the spouses are categorized as private property and joint property. Property bought under the name of both the spouses is termed as joint property and is divided equally at the time of dissolution. The private property, like in every other regime, is retained by the individuals.
"Matrimonial regimes" Econcordia.com Types of Marriages in Quebec
Marriage is the formal union of a man and a woman, by which they become husband and wife. It can’t get any simpler. However, the lawmakers of Quebec categorize marriage into three types: Civil Marriage, Civil Union, De Facto or Common law marriage. The couples can be of same or opposite sex.
Civil marriage is the most common type of marriage. It should be performed openly in the presence of two witnesses before a competent officiant. Any person designated by the Minister of justice qualifies as a competent officiant. The couple has to choose a matrimonial regime, failing which they will be governed by the regime of Partnership of Acquests. This helps in the distribution of property in case of dissolution of marriage.
A Civil Union is very similar to the Civil Marriage in terms of the legal consequences. The rights and obligations generated by a civil union resemble those resulting from a civil marriage. The rules to be taken care of while forming a civil union are the same as for civil marriage. The civil union comes into effect from the very moment of its celebration. Dissolution of civil union takes place if one of the spouses dies, spouses get married or they make a joint declaration before the notary. Property is divided based on the regime chosen or formulated by them while joining the union.
There are instances in present times wherein one finds individuals living together as spouses without getting married to each other. This type of lifestyle is regarded as De Facto. De Facto is recognized by the government of Quebec. however, it does not offer them the same rights and responsibilities as offered to married or civil union couples. The division of property is governed by the Cohabitation contract.