This is a falsehood unfortunately too propagated. In Quebec, unlike other Canadian provinces, the civil Code that governs us does not recognize any right to living spouses in common-law joint facts.
Quebec law is particular on this aspect. However, the treatment of children in the Act is the same, regardless of whether the child is from a marriage, civil union or common-law relationship. The children are all equal and are entitled, among other things, to the support of their parents, no matter the choices and the way of life of their parents.
The Superior Court recently had the opportunity to analyze the issue of spousal support. In the case of Lola v. Éric (1) A widely publicized case, Justice Carole Hallee made an exhaustive study of the matter. The judge comes to the conclusion that this problem is legislative and not legal. Parliament has chosen to preserve the freedom of spouses to choose the legal framework that governs them rather than imposing a specific legal framework on them. This decision was appealed by the plaintiff Lola.
This may be confusing since some provincial statutes, such as R.R.Q., la SAAQ, la L.A.T.M.P.Q. (2), and certain tax laws include common-law spouses in their definitions of spouses under certain conditions whose cohabitation spouses in fact for at least three (3) years, or for a year in the case of a child who is a common-born.
People who choose marriage or civil union cannot since 1989 be exempted from the application of the Rules on Family patrimony (3). They can at most sign a marriage contract which will not be able to transgress the rules of the family patrimony. In the absence of such a marriage contract, the matrimonial regime applicable to the spouses is the Acquests Society (4).
Common-law partners are by no means governed by the provisions relating to the family patrimony. They may, by a convention known as the “Convention of Common Life” (preferably notarized), provide for the sharing of their property in the event of a rupture or death. They may also provide for an alimony obligation between them in the event of a rupture and agree to certain testamentary provisions.
Pending legislative changes, common-law spouses do not have the same rights as married or civil union spouses. In conclusion, the decision to marry you or not belongs to you. However, it is not void of consequences and legal implications. It is quite advisable, if not even recommended, to consult a lawyer in order to know all the legal implications and your rights to engage you in an informed relationship.
(1) Droit de la famille-091768 EYB 2009-161578 (C.S.)
(2) Loi sur la Régie des Rentes du Québec. LRQ c. R-9; Loi sur la Société de l’Assurance Automobile du Québec, LRQ c. A-25; Loi sur les accidents de travail et maladies professionnelles, LRQ c. A-3.001
(3) Code civil du Québec, L.Q. (2001) art. 391.
(4) Code civil du Québec, précité (3) art. 432.