Canada · QC · ca-qc-marriage_contract-2026-09-12.1
Quebec marriage contract research: Civil Code of Québec, CQLR c. CCQ-1991, arts. 391, 414–426, 431–443. Unmarried default: civil code no family patrimony.
Quebec has its own marriage-contract pack. Quebec marriage contract research: Civil Code of Québec, CQLR c. CCQ-1991, arts. 391, 414–426, 431–443. Unmarried default: civil code no family patrimony. This is not a U.S. prenup and it is not a neighbouring province’s statute with the names swapped.
Quebec also has a cohabitation-agreement pack. De facto spouses do not enter family patrimony by living together. This pack is the cohabitation track. Do not treat it as a marriage contract or as Swedish samboavtal.
The two instruments stay apart on purpose. A file titled prenup still has to be classified as a marriage contract or a cohabitation agreement based on whether the parties are married, about to marry, or unmarried, and on Quebec form.
marriage contract
A marriage contract is made by notarial act, except where the Code permits another form. This is not Ontario witnessing and not a U.S. acknowledgment.
A marriage contract is made by notarial act, except where the Code permits another form. This is not Ontario witnessing and not a U.S. acknowledgment.
Default regime is partnership of acquests unless a marriage contract chooses another permitted regime. Family patrimony (family residence, furniture, vehicles, certain retirement rights) is a separate public-order mass.
A marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.
Support between spouses follows the Code and federal divorce law where applicable. A marriage contract is not a complete substitute for support analysis.
Child support and parental authority are not ordinary contractual subjects. Flag any child waiver.
Family patrimony rules are of public order. Spouses cannot opt out of family patrimony by a marriage contract the way common-law provinces let spouses contract around equalization. Lesion, consent, and notarial formalities are the Québec questions—not s. 56(4) FLA.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
Do not apply Ontario FLA equalization, British Columbia FLA unmarried-spouse property, or U.S. UPAA formalities to Québec. French and English versions of the Code are official; this pack cites the English LégisQuébec text.
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
A first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.
cohabitation agreement
De facto spouses may make private agreements about property they own, but those writings are not a marriage contract and do not create the family patrimony.
De facto spouses may make private agreements about property they own, but those writings are not a marriage contract and do not create the family patrimony.
De facto spouses do not enter family patrimony by cohabiting. Property follows title, ordinary contract, and unjust-enrichment ideas a lawyer may assess—not the married spouses’ family patrimony.
A cohabitation agreement typically addresses property and debts between unmarried partners. It cannot manufacture a statutory regime the province does not confer, and it cannot replace a will.
Support between spouses follows the Code and federal divorce law where applicable. A marriage contract is not a complete substitute for support analysis.
Child support and parental authority are not ordinary contractual subjects. Flag any child waiver.
Family patrimony rules are of public order. Spouses cannot opt out of family patrimony by a marriage contract the way common-law provinces let spouses contract around equalization. Lesion, consent, and notarial formalities are the Québec questions—not s. 56(4) FLA.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
Do not apply Ontario FLA equalization, British Columbia FLA unmarried-spouse property, or U.S. UPAA formalities to Québec. French and English versions of the Code are official; this pack cites the English LégisQuébec text.
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
A cohabitation agreement signed years into a relationship, or a 'prenup' signed while unmarried just before a wedding, raises classification and transition questions. Marriage usually moves the couple onto the marriage-contract / marital-property statute.
Common questions
Default regime is partnership of acquests unless a marriage contract chooses another permitted regime. Family patrimony (family residence, furniture, vehicles, certain retirement rights) is a separate public-order mass.
De facto spouses do not enter family patrimony by cohabiting. Property follows title, ordinary contract, and unjust-enrichment ideas a lawyer may assess—not the married spouses’ family patrimony.
A marriage contract is made by notarial act, except where the Code permits another form. This is not Ontario witnessing and not a U.S. acknowledgment.
Family patrimony rules are of public order. Spouses cannot opt out of family patrimony by a marriage contract the way common-law provinces let spouses contract around equalization. Lesion, consent, and notarial formalities are the Québec questions—not s. 56(4) FLA.
Child support and parental authority are not ordinary contractual subjects. Flag any child waiver. Support between spouses follows the Code and federal divorce law where applicable. A marriage contract is not a complete substitute for support analysis.
Worked examples
The useful question is whether it is a marriage contract or a cohabitation agreement given the parties’ status. Quebec sources are the only citations this page will use.
Ontario equalization language, British Columbia excluded-property language, and Québec family-patrimony language are not interchangeable. Do not apply Ontario FLA equalization, British Columbia FLA unmarried-spouse property, or U.S. UPAA formalities to Québec. French and English versions of the Code are official; this pack cites the English LégisQuébec text.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
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