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Encyclopedia > Civil unions in Quebec


Civil union
Recognised nationwide in:
Canada1
Denmark
France
Germany
Finland
Iceland
Netherlands
New Zealand2
Norway
Portugal
Sweden
United Kingdom
Recognised in some regions in:
Argentina (Buenos Aires)
Australia (Tasmania)
Switzerland (Zürich)
United States: VT, NJ, CA, ME, DC, HI
Other countries:
Ireland
Poland
Notes:
1 - Explicitly referred to as "civil
unions" in Quebec and Nova Scotia,
common-law marriage extended to
same-sex partners nationwide.
2 - Law passed December 9, 2004
Does not come into effect until April 26, 2005
See also
Same-sex marriage
Domestic partnership
Edit this box (http://en.wikipedia.org/w/wiki.phtml?title=Template:Civil_union&action=edit)

Civil unions in Quebec: Pursuant to a range of activism and to the M. v. H. decision, the province of Quebec's legislature voted unanimously to create a status of civil union, available to both opposite-sex and same-sex couples and largely having the same rights as marriage, by modifying the Civil Code of Quebec. The law was enacted on June 24, 2002. See: Civil Code of Quebec [CCQ] (Book 2: 'The Family', Title One.1, arts. 521.1 to 521.19).


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).


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 pendancy 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. See Same-sex marriage in Quebec.


External links:

  • Article on M v. H. (1999) (http://www.pfc.org.uk/news/1999/gm-mh2.htm)
  • Text of Supreme Court decision in M. v. H. (http://www.lexum.umontreal.ca/csc-scc/en/pub/1999/vol2/html/1999scr2_0003.html)
  • Civil Unions (Government of Quebec) (http://www.justice.gouv.qc.ca/english/publications/generale/union-civ-a.htm)
  • Text of Book 2 of the Civil Code of Quebec (scroll down for arts. 521.1-521.19) (http://www.canlii.org/qc/sta/csqc/20030131/s.q.1991c.64.ii/whole.html)

  Results from FactBites:
 
Civil unions in Quebec - Wikipedia, the free encyclopedia (489 words)
Civil unions in Quebec: Pursuant to a range of activism and to the M.
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.
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.
Civil union - Wikipedia, the free encyclopedia (2433 words)
Unions that are similar to or synonymous with civil unions include civil partnerships, registered partnerships, and domestic partnerships.
Civil unions were introduced in Denmark by law on June 7, 1989, the world's first such law.
The controversial civil unions law enacted in Vermont in 2000 was passed as a response to the Vermont Supreme Court ruling in Baker v.
  More results at FactBites »

 
 

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