By Me Rachel Champagne-Wees, attorney
You may be surprised to learn that, even if you and your spouse have lived in Québec for a long time, the fact that you were married abroad can have a significant impact on the partition of your assets in the context of your divorce. Indeed, in Québec law, the partition of the assets (and debts) accumulated by you and your spouse during the marriage is divided into two categories: 1) the family patrimony, and 2) the matrimonial regime.
Family patrimony: the same rules for everyone
The family patrimony includes certain assets that are specifically identified by law, namely the family residence and the furniture that furnishes it, the vehicles used by the family, and RRSPs and pension plans. Whether you were married in Québec or abroad, if you and your spouse currently reside in Québec, the rules of family patrimony apply to you regardless.
Matrimonial regime: it all depends on your first shared residence
Where having been married abroad can have an impact is with respect to your matrimonial regime, which governs the partition of all the other assets and liabilities you accumulated during the marriage. Crucially, not every divorce is covered by the same matrimonial regime. It should first be noted that spouses can choose a specific matrimonial regime by signing a marriage contract before their union. If the spouses have not chosen their matrimonial regime, then the legal matrimonial regime of the place of their first cohabitation after the marriage will apply to them by default.
What does this mean concretely for a couple who was married abroad? If you simply celebrated your marriage abroad, but your first real residence together was in Québec, then it will still be the legal matrimonial regime of Québec that applies to you, which is the partnership of acquests (to learn more about the partnership of acquests, I invite you to read our other blog posts on the topic). However, if you and your spouse first lived together in the country where you were married before settling in Québec later on, then it is the legal matrimonial regime of that country that will apply to you.
Three concrete examples
To help illustrate, here are a few examples inspired by typical scenarios I encounter in my practice:
- Mathilde and Tristan both live in Québec, but they decide to have a “destination wedding” in sunny Jamaica. They stay in Jamaica for a short time for their honeymoon, before returning to their shared apartment in Montréal. The matrimonial regime that will apply to them is the legal matrimonial regime of Québec, namely the partnership of acquests;
- Sabrina and Juliette met while they were in university in England. They chose to get married in England, so their university friends could attend, but it was always the plan to return to settle in Québec after the wedding. Again, the matrimonial regime that will apply to them is the legal matrimonial regime of Québec;
- William and Alexa are from New Zealand, where they were married and lived together for several years. Alexa’s employer offers her a transfer to Québec, and the couple decides to relocate there. In the event of a divorce, the matrimonial regime that will apply to them is the legal matrimonial regime of New Zealand.
Questions?
Consult a lawyer to better understand the matrimonial regime that applies to your particular situation. The firm’s family law team in Pointe-Claire can help. To discuss your situation, call Liverman Arrais at (438) 861-9500 or write to us using our contact form.
This article provides general legal information and does not constitute legal advice. Every situation is different: consult a lawyer for advice tailored to yours.