Common-law union is not subject to any obligations unless the parties formalize their obligations in a cohabitation agreement.
Legal effects reserved for marriage can sometimes apply to common-law unions.
Two partners have lived together for over ten years. From their common-law union, a severely disabled child is born. This child requires specialized care and constant attention. After the birth of the child, the parties enter into a union agreement before a notary, which includes custody of the child and the terms of child support for both the child and the mother. The partner applies to the Superior Court* and claims what is entitled to them under family law procedures, which are usually for divorce and legal separation requests. The other partner opposes the claim as they are not married. Judge Paul Trudeau declares: since the agreement is "a marriage agreement between common-law partners, both parties must be treated as if they were married in terms of financial support." Therefore, the partner is ordered to pay child support and support to their former common-law partner.
Although the situation is exceptional, it is important to note that the terms governing the end of a common-law union can be anticipated in a contract.
Even though marriage can be ephemeral at times, the obligations arising from it can, according to the Civil Code of Quebec, last a lifetime. On the other hand, a common-law union is not subject to any obligations unless the parties seal their love and enshrine their obligations in a contract for eternity.
* C.S. 700-04-004683-980, 1998-10-14
