World Library  
Flag as Inappropriate
Email this Article

Civil unions in Quebec

Article Id: WHEBN0001239562
Reproduction Date:

Title: Civil unions in Quebec  
Author: World Heritage Encyclopedia
Language: English
Subject: Same-sex marriage in Quebec, Politics of Quebec, Quebec law, Members of the 38th Canadian Parliament and same-sex marriage, Members of the 39th Canadian Parliament and same-sex marriage
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Civil unions in Quebec

Civil unions in Quebec are available in Quebec to both opposite-sex and same-sex couples and generally creates the same rights for the partners as a traditional marriage.

As a result of a range of activism and to the M. v. H. decision, the National Assembly of Quebec voted unanimously in 2002 to amend the Civil Code of Quebec to create a status of civil union in Quebec, available to both opposite-sex and same-sex couples and largely having the same rights as marriage. The law was enacted on June 24, 2002.[1]

A civil union is contracted into by same-sex or opposite-sex partners 18 years of age and older, who are not otherwise married, not in another civil union, or who are not closely related, following prescribed formalities similar to the regime of marriage. The civil union carries obligations and benefits equivalent to that of marriage including the obligation of support (CCQ art. 585) and the establishment of a family patrimony and family residence (CCQ art. 521.6) and may otherwise be modified by a contract (CCQ 521.8) similar to a pre-nuptial agreement and may agree to a particular property regime similar to available matrimonial regimes. It creates a family connection between the spouses and their relatives (CCQ art. 521.7).

Judicial conciliation is merited "when the spouses cannot agree on their rights and performance of their duties" (CCQ art. 521.9). Such union may be annulled within three years if irregularly contracted (CCQ arts. 521.10-521.11). A civil union ends at death of one of the partners or may be dissolved by judicial dissolution or by a 'transaction agreement' and 'joint declaration' before a civil law notary and recorded en minute if both partners consent and they settle all the consequences of the dissolution (CCQ arts. 521.13-521.16).

Legal status of same-sex unions
Marriage
Performed
Recognized
  1. When performed in Mexican states that have legalized same-sex marriage
  2. When performed in the Netherlands proper

* Not yet in effect

LGBT portal

Judicial dissolution is merited when "the interests of the common children of the spouses are at stake" or where the parties cannot otherwise agree (CCQ art. 521.17 para. 1). Provisional orders of support, custody and access may be entered during the pendency of the dissolution action (CCQ art. 521.71 para. 2) and the court may, upon or after pronouncing dissolution decide maintenance, custody and education issues in the best interests of and with due regard to the rights of the children (CCQ art. 521.17, para. 3).

The act establishing the regime of civil union also modified rules creating filiation for biological children of one of the partners, and for adopted children as well as the recognition of parental authority and child support obligations so they will apply to civil union couples as well as married couples.

In March 2004, Quebec same-sex couples won the right to marry. Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.

References

  1. ^ Civil Code of Quebec - Book 2: 'The Family', Title One.1, arts. 521.1 to 521.19

See also

External links

  • Article on M v. H. (1999)
  • H. v. M.Text of Supreme Court decision in
  • Civil Unions (Government of Quebec)
  • Text of Book 2 of the Civil Code of Quebec (scroll down for arts. 521.1-521.19)
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 


Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.