Under the Civil Code of Quebec, "the matrimonial regime of spouses who have married without entering into a marriage contract is governed by the law of their domicile at the time of their marriage." However, "when they are domiciled in different states, the law of their first residence applies."
When a person residing in Quebec celebrates their marriage outside of said province, which matrimonial regime governs their union in the event of a divorce? This question becomes crucial during the division of assets.
Thus, Mrs., of Moroccan origin, after settling in Quebec, is traditionally invited by her parents to marry a resident of her country of origin. After obtaining Mrs.'s agreement, her father, in her absence, represents her at the wedding under a power of attorney. No matrimonial agreement is signed between the parties. Following the marriage, Mrs. sponsors Mr. to immigrate to Quebec. Two years pass, and the spouses finally meet in Morocco for the religious celebration of the marriage. In the following weeks, they settle in Quebec.
After 15 years of common life, Mrs. requests a divorce*. She claims that their matrimonial regime is the legal regime of Quebec, which is the community of property regime. Mr. objects and argues that they are governed by the legal regime of Morocco, which is the separation of property. According to the Quebec Civil Code, "the matrimonial regime of spouses who marry without entering into a matrimonial agreement is governed by the law of their domicile at the time of their marriage." However, "when they are domiciled in different states, the law of their first residence applies."
The court rules that the spouses' first residence is in Quebec, since Mrs. wasn't even present on the day of her marriage. Therefore, the spouses are subject to the legal regime of Quebec, which is the community of property regime. The court orders Mr. to pay his wife, as a settlement of the community of property, more than $90,000, which is half the value of his taxi.
Even though marriage knows no boundaries, the matrimonial regime has a fixed domicile.
*CS-500-12-296055-084
