answer like a pro

“In our marriage contract, we’ll just write that we each keep our own stuff.”

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“The contract will take care of that — no need for anything else.” Here’s a response that puts the law in perspective.

A marriage contract doesn’t allow you to avoid all family law rules

In Quebec, many couples believe that by signing a marriage contract, they can “decide everything themselves,” such as each person keeping their own assets. While a marriage contract is indeed an important planning tool, it doesn’t have the absolute power many think it does. Certain legal rules particularly those concerning the division of family property cannot be overridden, even by contract.

1. A Marriage Contract Lets You Choose a Matrimonial Regime… but Not Exclude Family Property

A marriage contract is used to choose between the different matrimonial regimes offered by the Civil Code of Québec, such as:
  • the partnership of acquests (the default legal regime);
  • separation of property (each spouse keeps what they own and what they acquire);
  • a modified version of either, with customized clauses.
This means you can choose how your assets will be managed and divided in the event of divorce or death. However, this decision-making power has an important limit: family property.

2. Family Property Is Mandatory and Applies to All Spouses

In Quebec, family property is a mandatory legal obligation that applies automatically upon marriage, regardless of the matrimonial regime chosen.

It includes specific assets such as:
  • the family residence (house, condo, etc.);
  • the furniture that furnishes it;
  • the vehicles used by the family;
  • the benefits accumulated in a pension plan during the marriage (such as the RREGOP or a private pension plan).
All of these assets must be divided equally between the spouses, even if one of them paid for them entirely, and even if a clause in the contract attempts to exclude them.

No clause in a marriage contract can override this division — the law is of public order.

3. The Marriage Contract Does Not Replace Proof of Ownership

In a separation of property regime, each spouse owns their own assets but this must be clearly proven. This becomes especially important when couples have lived together for a long time and have made shared purchases, renovations, or investments.

Without clear proof (e.g., invoice, legal registration), an asset may be considered joint property or part of the family patrimony, even if one spouse believes they are the sole owner.

4. So Why Make a Marriage Contract, Then?

Even though it doesn’t allow you to bypass all the rules, a marriage contract remains a very useful tool. It allows you to:

  • avoid the automatic application of the partnership of acquests, which may not suit some couples;
  • clarify each spouse’s intentions and obligations regarding finances and property;
  • protect certain assets that are not part of family property (e.g., businesses, investments, inheritances, rental properties);
  • reduce conflicts in the event of separation or death.

It also helps coordinate estate planning (will, trust, insurance, etc.), especially for blended families or spouses who have children from another relationship.

5. In the Event of Divorce or Death, the Rules Apply With or Without a Contract

It’s a common mistake to believe that “whatever’s written in our contract will take care of everything.”

In reality, the law establishes certain unavoidable rights and obligations that a marriage contract cannot override.

It is therefore essential to:
  • understand the actual scope of the contract;
  • distinguish between what can be changed by agreement (matrimonial regime) and what is imposed by law (family property);
  • consult a specialized notary to draft a solid contract that complies with the law and fits your personal situation.

In conclusion

A marriage contract is a valuable tool, but it’s not a magic wand. You can’t simply write that “each keeps their own things” without considering Quebec’s public order rules, particularly those governing family property. Good marital planning therefore requires a clear understanding of the law — and professional guidance.

Sources :

  • Éducaloi. Matrimonial Regimes in Québec. https://educaloi.qc.ca
  • Government of Québec. The Marriage Contract.
    https://www.quebec.ca
  • Chambre des notaires du Québec. Family Property and Marriage Contract. https://www.cnq.org
  • Professional Notaries Association. Complete Guide to Choosing Your Matrimonial Regime in Québec. https://www.apnotaire.com