DD

 DUFOURD, DION

 Lawyers

The firm

Practice areas

Contact

Family law 

information center

Home

THE MARRIAGE CONTRACT IN THE PROVINCE OF QUEBEC

Any kind of stipulation may be made in a marriage contract, subject to the imperative provisions of law and public order.

Spouses who, before the solemnization of their marriage, have not fixed their matrimonial regime in a marriage contract, are subject to the regime of partnership of acquests.

A matrimonial regime, whether legal or conventional, takes effect on the day when the marriage is solemnized.

A change made to the matrimonial regime during the marriage takes effect on the day of the act attesting the change.

In no case may the parties stipulate that their matrimonial regime or any change to it will take effect on another date.

A minor authorized to marry may, before the marriage is solemnized, make all such matrimonial agreements as the marriage contract admits of, provided he is authorized to that effect by the court.

The person having parental authority or, as the case may be, the tutor shall be summoned to give his opinion.

The minor may apply for the authorization alone.

Agreements not authorized by the court may be impugned only by the minor or by the persons who had to be summoned to give their opinions; no such agreement may be impugned if one year has elapsed since the marriage was solemnized.

No person of full age under tutorship or provided with an adviser may make matrimonial agreements without the assistance of his tutor or adviser; the tutor shall be authorized for this purpose by the court upon the advice of the tutorship council.

No agreement made in violation of this article may be impugned except by the person of full age himself, his tutor or his adviser, as the case may be, nor except in the year immediately following the solemnization of the marriage or the day of the act changing the matrimonial agreements.

Intended spouses may change their matrimonial agreements before the solemnization of the marriage, in the presence and with the consent of all those who were parties to the marriage contract, provided the changes themselves are made by marriage contract.

During marriage, spouses may change their matrimonial regime and any stipulation in their marriage contract, provided the change itself is made by marriage contract.

Gifts made in marriage contracts, including gifts mortis causa, may be changed even if they are stipulated as irrevocable, provided that the consent of all interested persons is obtained.

If a creditor sustains damage as the result of a change to a marriage contract, he may, within one year of becoming aware of the change, obtain a declaration that it may not be set up against him.

Children to be born are represented by the spouses for the modification or cancellation, before or during the marriage, of gifts made to them by the marriage contract.

Marriage contracts shall be established by a notarial act en minute, on pain of absolute nullity.

The notary receiving a marriage contract changing a previous contract shall immediately notify the depositary of the original marriage contract and the depositary of any contract changing the matrimonial regime. The depositary is bound to enter the change on the original and on any copy he may make of it, indicating the date of the contract, the name of the notary and the number of his minute.

A notice of every marriage contract shall be entered in the register of personal and movable real rights at the requisition of the receiving notary.

Either spouse may give a mandate to the other in order to be represented in the exercise of rights and powers granted by the matrimonial regime.

Where an expression of will cannot be given or cannot be given in due time by one spouse, the court may confer a mandate upon the other spouse to administer the property of that spouse or property administered by that spouse under the matrimonial regime.

The court fixes the terms and conditions of exercise of the powers conferred.

The court may declare the judicial mandate withdrawn once it is established that it is no longer necessary.

The mandate ceases by operation of law upon the other spouse's being provided with a tutor or curator.

Either spouse, having administered the property of the other, is accountable even for the fruits and revenues consumed before receiving a demand to render an account.

If one spouse exceeds the powers granted by the matrimonial regime and the other has not ratified the act, the latter may apply to have it declared null.

As regards movable property, however, each spouse is deemed, in respect of third parties in good faith, to have power to enter alone into acts by onerous title for which the consent of the other spouse would be necessary.

This text is not a legal opinion. No decision should be taken before you consult with a lawyer.