Editing Civil unions in Quebec

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'''[[Civil union]]s in Quebec''' are available in [[Quebec]] to both opposite-sex and same-sex couples, which attempts to create the same rights for the partners as a traditional [[marriage]].

As a result of a range of activism and to the ''[[M. v. H.]]'' decision, the [[National Assembly of Quebec]] voted unanimously in 2002 to amend  the [[Civil Code of Quebec]] 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 [[marriage]]. The law was enacted on June 24, 2002.<ref>Civil Code of Quebec - Book 2: 'The Family', Title One.1, arts. 521.1 to 521.19</ref>

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 [[Law of obligations|obligation]]s and benefits equivalent to that of marriage including the [[alimony|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 regime]]s.  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 [[annulment|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). 
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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]] 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 [[Same-sex marriage in Quebec|won the right to marry]]. Today, couples (both opposite- and same-sex) can choose between civil marriage and civil unions.

== See also ==
* [[LGBT rights in Canada]]

==References==
{{Reflist}}

== External links ==
*[https://web.archive.org/web/20041208214902/http://www.pfc.org.uk/news/1999/gm-mh2.htm Article on M v. H. (1999)]<!-- Broken 20110712 -->
*[https://web.archive.org/web/20041010182949/http://www.lexum.umontreal.ca/csc-scc/en/pub/1999/vol2/html/1999scr2_0003.html Text of Supreme Court decision in ''M.'' v. ''H.'']
*[https://web.archive.org/web/20150627081218/http://www.justice.gouv.qc.ca/english/publications/generale/union-civ-a.htm Civil Unions (Government of Quebec)]
*[https://web.archive.org/web/20030506083026/http://www.canlii.org/qc/sta/csqc/20030131/s.q.1991c.64.ii/whole.html Text of Book 2 of the Civil Code of Quebec (scroll down for arts. 521.1-521.19)]<!-- Broken 20110712 -->

[[Category:Politics of Quebec]]
[[Category:Marriage, unions and partnerships in Canada]]
[[Category:Quebec law]]
[[Category:State recognition of same-sex relationships]]