Published on September 18, 2025
Civil union in Quebec is a legal form of union that grants spouses the same rights and obligations as marriage. However, it differs in its age requirements, dissolution procedures, and recognition, which is limited to the province. In addition, it automatically triggers the application of family patrimony and matrimonial regimes, ensuring fair financial protection in the event of separation. Finally, while it is flexible and easier to dissolve before a notary, civil union does not have the same recognition outside Quebec, which can have important consequences for couples planning to move elsewhere.
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Not to be confused with common-law union, civil union was introduced in Quebec in 2002 to allow same-sex couples to unite, since at the time same-sex marriage (which fell under federal jurisdiction) was not yet legal.
As of 2005, marriage between same-sex spouses was recognized throughout Canada. However, civil union remains an option available today to all couples, whether heterosexual or same-sex.
Formalities and Conditions
For the most part, civil union and marriage share the same formalities. It must be celebrated before an authorized officiant and in the presence of witnesses, after publication of a notice.
In addition, both spouses must consent freely and have reached the minimum legal age. Unlike marriage, where the minimum age may be 16 with court approval, civil union requires that both spouses be at least 18 years old.
Effects of Civil Union
Spouses in a civil union are subject to the same rights and obligations as married couples. Consequently, they must respect each other, share household expenses, contribute to family needs, and live together. Furthermore, family patrimony and matrimonial regimes also apply. This means that in the event of separation, certain property such as the family residence, vehicles used by the family, and retirement plans are divided.
Differences between Marriage and Civil Union
- Minimum age : 18 years (civil union) and 16 years (marriage).
- Procedure in case of separation : civil union can be dissolved through a judicial procedure or even by mutual agreement before a notary. This sometimes makes it more flexible than marriage, where only divorce is possible.
- Recognition outside Quebec : civil union and its benefits are recognized only in the province, unlike marriage, which is recognized throughout Canada and in most jurisdictions.
Nullity and Dissolution
The grounds for annulment of a civil union (arts. 521.10 and 521.11 C.C.Q.) can be summarized as follows :
- Nullity for reasons of public order.
- One of the spouses is under 18.
- Failure to comply with celebration formalities.
- Lack of free and informed consent.
- Defects of consent (art. 1399 C.C.Q.).
Applicable Law
Civil union is governed, in both substance and form, by the law of the place where it is celebrated; the same applies to its effects. Marriage, on the other hand, is not subject to the same rules, as it often refers to the country of the spouses’ last common residence.
Conclusion
Ultimately, civil union represents a legal alternative to marriage, offering spouses comparable rights and obligations. However, it has its own specificities, including a higher age requirement, more flexible dissolution procedures, and recognition limited to the province.
Thus, before entering into a civil union, it is important to understand its legal effects and practical consequences. Since every relationship may raise unique issues, it is strongly recommended to seek tailored legal advice. Our firm can assist you with the conclusion, contestation, or dissolution of a civil union. Contact our team today to obtain personalized and informed guidance.