Why choose a civil union?

Civil union creates the same rights and obligations as marriage.

In June 2002, the concept of civil union was introduced into our Civil Code. Since then, all couples, regardless of gender, can choose a civil union rather than a de facto union or a civil or religious marriage. Before this law was adopted, heterosexual couples had to choose between a de facto union and marriage, and homosexual couples only had access only to de facto unions. The civil union has become an additional option that is available to all couples.

Comparison of civil union and marriage

  • Legal framework : The legal framework for civil unions is identical to the framework for marriage, and the rights and obligations are the same. The marriage provisions on contribution to household expenses, the protection of the family residence, family patrimony and compensatory allowances also apply to civil unions. Civil union spouses also qualify as legal heirs if their spouse dies without a will.
  • Matrimonial regime : As in marriage, civil union spouses can stipulate in their notarized civil union contract whether they choose the regime of “separation as to property” or of “partnership of acquests.” Regardless of the selected regime, they can change regimes by mutual agreement during their union, but this change must be executed before a notary. In addition, civil union spouses may choose an unequal partition of the property comprising the family patrimony in the event of separation.
  • End of a union: Spouses may also turn to a notary to end their union without court intervention, unless they have children together. If they do, it will be necessary to go before a court, which will dissolve the union and deal with child custody and support in its judgment.
  • Civil union before marriage: A couple already in a civil union can still get married. The marriage then leads to the end of the civil union. The matrimonial regime of the spouses joined in a civil union automatically becomes the married couple’s regime, unless they come to a different agreement in a marriage contract. For examples, if the previous regime was a partnership of acquests, the spouses will continue to be married according to this regime. If the spouses had signed a marriage contract stipulating separation as to property, they will continue to be married according to this regime.