Civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, primarily created to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage, with ch ...

s in Quebec are available in

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

to both opposite-sex and same-sex couples, which attempts to create the same rights for the partners as a traditional

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...

. As a result of a range of activism and to the '' M. v. H.'' decision, the

National Assembly of Quebec The National Assembly of Quebec (, ) is the Legislature, legislative body of the Provinces and territories of Canada, province of Quebec in Canada. Legislators are called MNAs (Members of the National Assembly; ). The lieutenant governor of Que ...

voted unanimously in 2002 to amend the

Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ; , ) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' () enacted by the Legislative Assembly of the Provin ...

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

. The law was enacted on June 24, 2002.Civil Code of Quebec - 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 A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of thos ...

(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 Civil-law notaries, or Latin notaries, are lawyers of contentious jurisdiction, noncontentious private law, private civil law (legal system), civil law who draft, take, and record legal instruments for private parties, provide legal advice and gi ...

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 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 Best interests or best interests of the child is a child rights legal principle, principle, which derives from Article 3 of the UN Convention on the Rights of the Child, which says that "in all actions concerning children, whether undertaken by p ...

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

{{Reflist

External links

Article on M v. H. (1999)
!-- Broken 20110712 --> Politics of Quebec Marriage, unions and partnerships in Canada Quebec law State recognition of same-sex relationships

See also

References

External links