Marriage contract
The marriage contract is a legal document that allows the spouses to choose a matrimonial regime other than that of partnership of acquests. The matrimonial regime of partnership of acquests is the default regime in Quebec.
In Quebec, a marriage contract must, to be valid, be notarized. This means that the notary receives it en minute and keeps the original in his vault. A marriage contract made by the spouses or by a lawyer will not be valid. A mention of the existence of a marriage contract must also be registered in the Registre des droits personnels et réels mobiliers (RDPRM).
When is a marriage contract made?
A marriage contract can be made before the date of the marriage, the day of the marriage itself or after the marriage. If the marriage contract is made before the marriage, it will come into force on the day of the marriage. If the marriage contract is made after the marriage, it will come into force on the date it is signed. A marriage contract can be amended by a new marriage contract. However, it will require the presence and agreement of all the persons concerned by the previous marriage contract.
Not mandatory to make a marriage contract
It is not mandatory to make a marriage contract. The marriage contract is a legal document that allows the spouses to choose a matrimonial regime other than that of partnership of acquests (the legal regime). It also allows spouses to specify gifts between spouses or to children. It also makes it possible to indicate provisions in the event of death. But these provisions can only benefit one of the spouses or children. This therefore makes it a legal act with less scope than a will in which any person can be designated.
With the state of the health emergency caused by COVID-19, the Ministère de la Justice du Québec and the Chambre des notaires du Québec have implemented a technological process to allow notaries to receive certain acts such as marriage contracts remotely.
The price of a marriage contract can vary depending on its complexity and the expertise of the notary. On average, it is prudent to budget between $400 and $500 for a simple marriage contract. A more complex marriage contract will be charged at the notary’s hourly rate.