Differences Between Quebec Family Law and BC Divorce Law

Current divorce laws in Quebec are very, very different than the laws of other provinces in Canada, such as British Columbia. Our fantastic family lawyer, Abib Ngom, grew up in Montreal and did his legal education there. He moved to Vancouver to practice family law here. This article explains the main differences between Quebec family law and BC divorce law. These differences are vital for those who are contemplating divorce and live/used to live in one of these provinces.

This article is an essential read for

• Couples who are separated and live in two different provinces now, such as Quebec and Vancouver.
• It also applies if a couple has separated and the other parent/children live in Quebec, Vancouver, Surrey, or anywhere in BC.

The differences between Quebec and BC divorce law can significantly impact your rights if you decide which one of these provincial family laws works best when commencing divorce proceedings.

Common Law Rights in Vancouver and Surrey, BC vs. Quebec

In Quebec, common law spouses are called “de facto” spouses no matter how many years they have lived together and regardless of whether they have children together. In British Columbia and cities like Vancouver and Surrey, spouses who live in a marriage-like relationship for more than two years (or sometimes less in case they have children) are called common law spouses.

How Quebec Treats De Facto or Common Law Spouses

In Quebec, separating from a common law or de facto spouse does not have the same financial consequences as separation in BC. The Civil Code of Quebec does not recognize de facto spouses. De facto spouses are two individuals who live together in a marriage-like relationship. No matter how long their duration, these relationships do not create financial consequences when the relationship ends.

As a result, de facto spouses do not have rights to each other’s property or even to spousal support. This is true even if they have children together and one spouse gives up a career or educational opportunities to care for the child.

Therefore, unless the common law or de facto couple enters into a cohabitation agreement, upon separation, there will not be a division of family property, and no spousal support is payable. This means that a de facto spouse could be in a relationship for 15 years and be a stay-at-home parent, and walk away from the relationship without any form of monetary compensation (aside from possible child support).

How British Columbia Treats Common Law Spouses

In British Columbia, common law spouses are treated almost exactly like married spouses. There can be severe financial implications if you live together in a marriage-like relationship for more than two years. After cohabitation for that period, there will be a presumption of equal division of family property, in addition to spousal support and other relief. This is true even if you kept all your finances separate – one of the main differences between Quebec and BC divorce law.

In BC, the law provides significant protections to spouses in the event of separation to ensure that one spouse is not left without financial resources after having invested in a long-term relationship.

To learn about how to prove a common law relationship in BC, click here.

To learn more about common law couple rights at separation, click here.

The only way to avoid the financial consequences when a typical law relationship breaks down is to enter a cohabitation agreement.

Which Family Law System is Better? Quebec or British Columbia?

It is difficult to say which of the above two systems is better. Quebec has taken the approach that unless individuals are married or in a civil union, the law related to property and support will not interfere in their lives.

On the contrary, in BC, as soon as parties are living together in a marriage-like relationship for two years, there can be significant financial consequences, even if it was not the intention of either party. As such, it is essential to be aware of the laws governing relationships in your province, or there could be unanticipated and drastic financial consequences in the future.

Child Support Laws in British Columbia vs. Quebec

In British Columbia, just like every province in Canada except for Quebec, child support is governed by the Federal Child Support Guidelines. The Federal Child Support Guidelines also have tables for each province that will provide how much monthly child support is to be paid depending on how many children there are and what the parties’ incomes are:

1. Primary parenting child support: a parent who has the child more than 60% of the time does not have to pay the Table Amount, and the parent who has the child less than 40% will pay full table support;
2. Shared parenting child support: parents who are in a shared parenting arrangement (each parent has parenting time between 40% and 60% of the time, will likely pay set-off child support. To calculate the amount, you look at what the higher-income earner would have to pay in table support and subtract it from the lower-income earner’s table support. For example, if parent 1 has to pay $2,000 per month in support to parent 2, and parent 2 has to pay $500 per month to parent 1, then the child support that parent one will pay to parent two will be $1,500 per month.

Quebec has developed its own system for calculating child support and uses the Quebec Model in cases where both parents reside in Quebec. It also applies when one parent lives in Quebec with the Children.

In Quebec, just like in BC, the amount of parenting time the child(ren) spends with each parent will affect the amount of support payable to the other. In Quebec, there are three types of arrangements that have an impact on child support payments:

1. Sole Custody: A situation where one parent has over 60% of parenting time;
2. Shared Custody: each parent has parenting time between 40% and 60% of the time;
3. Sole Custody with Prolonged Outing Rights: This is for parents who have between 20% and 40% of parenting time, or in other words, prolonged outing rights. Starting at the 20% mark, when a parent begins having more parenting time over 20%, there will be a reduction in the amount that the parent has to contribute towards support. As such, if a parent has 35% of parenting time, he would have to pay less support than if he had 20% of parenting time. This encourages these prolonged visiting rights and considers the increased costs incurred as a result of spending more time with the child(ren); as such, there is a corresponding reduction in support.

Another factor considered when calculating support in Quebec is each party’s net disposable income and their proportionate responsibility towards paying for the child, even in a Sole Custody parenting arrangement.

If the primary parent makes significantly more money than the non-primary parent, this will affect how much the lower-income earner will have to pay to the other parent. This is not a consideration in British Columbia. In BC, no matter how much the primary parent earns, the parent who has under 40% of parenting time will be paying full table support.

These are the main differences between Quebec and BC divorce law. If you are dealing with an issue relating to child support or common law and one of the parties or children reside in Quebec, it is essential to get proper legal advice.

You need to know where to commence proceedings to maximize your legal rights. Call our award-winning family law firm for a consultation at 604-974-9529, or get in touch to know your full rights and obligations.