Family Notary: Personalized Legal Services
Clear and defined roles and agreements allow for a better living arrangement or separation agreement
Whether you’re planning to marry or live in a common-law relationship, a clearly defined life project is key to a lasting partnership. Our family notaries are here to help you navigate the new parental union rules, organize a personalized wedding ceremony, and select the matrimonial regime that best fits your situation.
Don’t overlook the financial aspects of your union. Our expert notaries will guide you in making the most suitable choices based on your specific circumstances. We ensure that every legal document, from cohabitation agreements and common-law partnership agreements to marriage contracts, is clearly explained and properly prepared before signature, so that both parties understand their rights and obligations.
In the event of a divorce or separation, our notaries specializing in family law will help you avoid legal pitfalls and reach amicable separation or divorce agreements that are fair to everyone involved. A notary experienced in family mediation can ease negotiations between partners and provide a neutral environment for compromise.
Parental Union: A New Legal Framework for Unmarried Parents
Starting June 30, 2025, a new protective regime will automatically apply to common-law spouses who become parents of a shared child through birth or adoption.
This new legal structure, known as the parental union, applies automatically; there is no need for prior action. It includes same-sex and opposite-sex couples who live together and become parents of the same child after the 30th of June 2025.
Note: This measure is not retroactive for children born or adopted before June 30, 2025, unless the parents opt in. It also does not apply to couples who are married, in a civil union, or already in a parental union with someone else.
The parental union ends when:
- One of the spouses passes away;
- The couple separates;
- One partner marries or enters a civil union with someone else.
Parental Union Property: Equal Division of Certains Family Assets
This new regime establishes a shared property pool composed of family-related assets, including:
- Family residences;
- Household furniture;
- Vehicles used for family needs.
Following a separation, this property pool is equally divided, unless the partners opt out. If they sign a notarial exclusion within 90 days of the beginning of the union, it is deemed that the property regime never existed.
Spouses may also exclude specific property at any time through a notarial act, a process often used by notaries to notarize for family members when formalizing exclusions or protecting jointly owned assets.
Compensatory Allowance: Protection for Unequal Contributions
If one partner has been financially disadvantaged for the benefit of the other, such as pausing their career to care for children, the court may grant a compensatory allowance. This helps restore the financial balance between former spouses, even if no alimony has been established.
Protecting the Family Residence
Under a parental union, one spouse cannot sell or mortgage the family residence without the written consent of the other, even if they are the sole owner.
This protection applies to all parental unions, even those where couples have opted out of the shared property regime. It ensures stability for the family.
Common-Law Couples Without Children or with Children Born Before June 30, 2025
For common-law couples without shared children or with children born before June 30, 2025, no protection applies automatically.
That’s why a cohabitation agreement or common-law partnership agreement prepared by a notary remains essential. It allows you to:
- Define how property and expenses will be managed;
- Outline separation procedures;
- Establish mutual commitments.
This agreement can be modified at any time, offering both flexibility and legal clarity.
Find a Notary to Officiate Your Wedding Ceremony
Our notarial firm officiates wedding ceremonies that reflect each couple’s unique wishes and preferences. Having a notary officiate your wedding offers many advantages: you can choose the location, the day and time, and even include personal touches such as music, readings, and mutual vows.
We offer a comprehensive turnkey service to make the planning process as smooth and stress-free as possible.
In addition, our notaries provide full legal support: guidance on matrimonial regimes, completion of all the required formalities, publication (also known as publication of the banns), and submission to the Director of Civil Status for official registration.
Good to know: In Quebec, there is no legal distinction between a marriage and a civil marriage.
Parental Projects and Surrogacy: Legal Pioneers in Quebec
Since June 2023, Quebec law no longer prohibits surrogacy agreements, replacing the ban with a formal legal framework. At Lettre & Brown, our notaries are among Quebec’s pioneers in supporting future parents and surrogates.
We offer you expert guidance throughout your parental project, helping you understand your rights and obligations. Our team ensures full legal compliance and a clear understanding of every step in the process.
Marriage Contract: Managing Divorce, Inheritance, and Property
A marriage contract lets couples choose the matrimonial regime that aligns with their life plans. It also sets rules for managing assets during the marriage or separation, or in the event of death.
The Limits of the Family Patrimony
Contrary to popular belief, the family patrimony doesn’t cover all assets. For instance, non-registered investments or bank accounts may be excluded. That’s why it’s vital to clearly define the asset division ahead of time.
When to Sign a Marriage Contract
While not mandatory, signing before the wedding is highly recommended. Without it, couples automatically fall under the default regime of a partnership of acquests. Changing the regime after marriage requires a formal liquidation, which adds costs and paperwork. It’s better to settle this early.
Legal Guidance for Every Stage of Your Family Life
Whether you’re planning to get married or move in together, our notaries help you build a solid legal foundation and avoid common pitfalls.
When should a notary be involved in family law matters?
A notary may also be consulted draft legal documents for family members, ensuring legal validity, ethical compliance, and peace of mind when handling paperwork that involves close relatives.
You can consult a family notary at any time for:
- Wedding planning;
- Drafting a marriage or cohabitation contract / common-law partnership agreement;
- Preparing a will or an estate plan;
- Drafting a power of attorney;
- Facilitating an amicable divorce;
- Mandates for protection.
Why Involve a Family Notary Early in Your Relationship?
Involving a notary specializing in family law from the very beginning of your relationship helps establish a strong legal foundation and prevent potential conflicts down the line.
Whether it’s to draft a marriage or civil union contract, explain the new parental union framework, or guide you through an amicable separation, a notary can provide personalized legal advice tailored to your specific needs.
Our notaries will help you understand your rights and obligations, so you can better protect your future and that of your family.
Notaries who offer this service
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.