Matrimonial Regimes

In the past, before marriage, many Quebecers went to notaries to sign marriage contracts to establish their matrimonial regime as separation as to property.


A couple living and married in Quebec without a marriage contract before July 1, 1970 was married under community of property. After July 1, 1970, if both spouses were living in Quebec when they got married, their matrimonial regime was partnership of acquests.


For a couple married in community of property or partnership of acquests, there will be an equal sharing of most assets acquired during marriage if purchased with money earned during marriage.


For couples married separate as to property, very often spouses will have to request a lump sum payment or a compensatory allowance in order to obtain an amount of money in addition to the equal share of the family patrimony offered by the law. For example, a wife would have a right to argue that she contributed to her husband's enrichment by working in his company in its early years, or that she devoted herself to the family to allow her husband to devote himself to his business.


Matrimonial regimes are complex and it is important to know your situation before participating in mediation. It is important to make an enlightened choice before marriage.


We suggest the reading of the following judgment of the Quebec Court of Appeal:


Droit de la famille – 103502, 2010 QCCA 2374 :