Civil union vs marriage: what are the differences?

The difference between marriage and a civil union is a question that many couples in Quebec ask themselves before officially committing to each other. Both forms of union create a legal bond between two people, but they are not identical. Understanding the distinctions between these two statuses will allow you to make an informed choice that is tailored to your personal situation and your goals for your life together.

Discover the characteristics specific to each form of union, the rights and obligations that arise from them, and the situations in which the assistance of a notary specializing in family law becomes useful.

What is marriage?

Definition

Marriage legally unites two people under federal marriage law. Since 2005, it has been open to all couples in Canada, regardless of gender. To be valid, the union must be declared to the registrar.

Types of ceremonies

Marriage can be civil or religious. Civil marriages are officiated by an authorized celebrant, such as a notary or a court clerk. Religious marriages are officiated by a minister of religion recognized by the state. Both have the same legal value, provided that the registration is carried out correctly.

Marriage contract and matrimonial regime

Without a marriage contract signed before the ceremony, spouses are automatically subject to the community property regime. This matrimonial regime governs the division of property acquired during the marriage in the event of separation or death. A notary can draft a customized contract, particularly to opt for separate property, depending on each couple’s situation.

Family assets

Marriage automatically leads to the creation of family assets. This includes the family home, its furnishings, vehicles for family use, and accrued pension rights. In the event of separation or death, these assets are divided equally between the spouses, regardless of each person’s financial contribution.

What is a civil union?

Origin and access

Civil unions were created in Quebec in 2002 by the Civil Code. They are governed exclusively by Quebec provincial law. All couples are eligible, whether they are of different sexes or the same sex.

The ceremony and civil union contract

The ceremony is performed before an authorized officiant, most often a notary. It is strictly secular: there is no religious framework. A civil union contract is signed by the partners during the ceremony. This contract is mandatory; without it, the union is not valid. It is then sent to the registrar for registration.

Asset protection

Civil union partners are subject to the default regime of partnership of acquests and benefit from family patrimony in the same way as married spouses. These protections can be modified in the civil union contract according to the wishes of the partners.

Dissolution

In non-contentious situations, a notary can pronounce the dissolution of the union without resorting to the courts. This mechanism is unique to civil unions and represents a concrete advantage in terms of simplicity and cost. In the event of disagreement between the spouses, the court will pronounce the dissolution of the union.

Differences between civil union and marriage

The legislative framework: federal vs. provincial

Marriage is governed by federal law, which gives it national and international scope. Civil unions, created by the Civil Code of Québec, have legal validity only within the province. In practice, this means that a civil union couple who moves outside Quebec, to another province or abroad, may find themselves in a legal vacuum: civil unions are not always recognized there. For a couple with plans to move, this point can weigh heavily in their decision.

The ceremony: secular or religious?

Marriage offers a choice: civil or religious. A ceremony in a church, synagogue, or mosque can have civil effects if the officiant is recognized by the state. Civil unions, on the other hand, are exclusively secular, with no exceptions. For couples who value a ceremony rooted in their faith, this is a significant difference.

The contract: optional vs. mandatory

You can get married without signing anything beforehand. In this case, the community property regime applies automatically. Civil unions work the opposite way: the civil union contract is a condition for the union to be valid. No contract signed before a notary, means no union. This obligation forces spouses to formalize their property choices from the outset, which, in practice, can be an additional protection.

Dissolution: divorce or termination?

Dissolving a marriage necessarily involves a divorce, which is governed by federal law. Even if the spouses are in complete agreement, legal proceedings are inevitable. For civil unions, an amicable separation can be handled directly by a notary, without going to court. This reduces the time, cost, and emotional burden of a breakup. In the event of a dispute, both forms of union end up before a judge.

What is the same between the two?

Common protections

Marriage and civil unions share several legal effects in Quebec. In terms of property and family, the two forms of union are very similar:

• Family property applies in both cases.
• The partnership of acquests regime applies by default in both situations.
• Both forms of union create inheritance rights between spouses.
• Both unions allow for the joint adoption of a child.
• Parental authority over children is shared between both spouses.
• Same-sex couples can access both forms of union.

Both unions give access to the same rights in terms of survivor’s pension from the Régie des rentes du Québec.

What neither union guarantees

Neither marriage nor civil union eliminates pre-existing property inequalities. If one of the spouses owned significant assets before the marriage or civil union, those assets remain theirs according to the rules of the chosen matrimonial regime. This is why consulting a notary before entering into a union allows you to fully understand the practical implications of each regime.

Summary table: marriage and civil union at a glance

What about common-law relationships?

Common-law relationships refer to couples who live together without being married or in a civil union. This is the most common form of cohabitation in Quebec, yet it is the least protected. Common-law spouses do not benefit from family patrimony. In the event of separation or death, there is no automatic division of property provided for by law. Many Quebecers are unaware of this and expose themselves to precarious situations after years of living together.

To address these shortcomings, a notary can draw up a common-law partnership agreement. This contract defines the rights and obligations of each party, provides for the division of property, and organizes the protection of the surviving partner. The recent introduction of the parental union into Quebec legislation also offers some protections for children born to common-law partners, but does not address all the shortcomings associated with this status.

How to choose between marriage and civil union?

There is no universal answer. The choice depends on your personal situation, your plans, and your priorities.

• You plan to live outside Quebec or have ties abroad → marriage offers broader legal recognition.
• You want a religious ceremony → only marriage allows this.
• You want a simplified and less costly separation procedure in the event of a breakup → a civil union is more flexible.

In both cases, consulting a notary before entering into a union allows you to adapt the matrimonial regime to your reality, draft a customized contract, and avoid unpleasant surprises.

Protect your future with a notary

Our family law notary in Quebec, a member of the Chambre des notaires du Québec, supports couples every step of the way: marriage contracts, civil union contracts, common-law union agreements, estate planning, wills, etc. A consultation allows you to fully understand the implications of each choice and make a decision that truly protects your family. Make an appointment today at our notary office for a personalized consultation.