Cozy in Love?

Did you know that September was the most popular month for weddings in 2023, with 4,050 couples tying the knot - almost 20% of the year’s love stories?

But marriage isn’t just about romance; it’s also a financial adventure. In Québec, when you say "I do", you’re also saying "I will" to certain legal rights and responsibilities. For those who want to tailor their financial journey, a marriage contract might be just the ticket.

So, what exactly is a marriage contract? Think of it as a roadmap for your life together, covering both the good and the not-so-good days. It lets you and your spouse decide how to manage your money and property during your marriage and figure out how things will be divided if you ever part ways. But here’s the important part: even with all this flexibility, certain legal protections are built-in to ensure fairness, so you’re never left without a safety net. It can even dictate who gets what, if one of you passes away and how gifts to each other or your children are handled.

At first glance, marriage contracts can seem confusing, especially with so many myths floating around. That’s why we’ve decided to tackle the top five most common questions we get here at Leya, to help clear up any confusion.

Myth 1: You can DIY your marriage contract

You can DIY a lot of things—like building a bookshelf from IKEA (if you’re up for the challenge)—but drafting your own marriage contract? That’s a no-go. Legally, marriage contracts must be established by a notarial act en minute, or they are absolutely null and void. Notaries bring the expertise to ensure your contract is rock solid, fair, and customized to your needs.

Myth 2: It’s too late for a marriage contract once you’re hitched

False! You can sign a marriage contract either before or after the wedding bells ring. If you do it before, it kicks in on your wedding day. If you sign after, it starts the day you sign in front of the notary, but be aware—changing the regime after marriage can be legally more complex and... there's (still) no skipping the paperwork! 😉

Myth 3: Foreign marriage contracts don’t count in Québec

Not true! If you followed the right steps to get married abroad, your marriage will be recognized in Québec. The default “partnership of acquests” regime (here’s a shoutout to our past AMA) will apply unless you choose otherwise with a notary’s help. While you don’t need to submit anything to validate your marriage, sending your foreign marriage certificate to Québec’s civil status register can make future paperwork smoother. Just remember, if it’s not in English or French, you’ll need a certified translation.

Myth 4: The party makes it official

Weddings might be the ultimate party, but the celebration itself doesn’t make you legally married. And a marriage contract is just the blueprint, not the final step. In Québec, to make it official, you’ve got to tie the knot publicly in front of a competent officiant and two witnesses. Plus, you need to post a wedding announcement online for 20 days before the big day—unless you’re already in a civil union (then you can skip that step). So, while the party’s a blast, it’s the legal steps that truly seal the deal!

Myth 5: Marriage contracts only govern love

Marriage contracts aren’t just about love—they’re about “for life and beyond!” While they can’t do everything a will can, they let you set up protections for your spouse or kids if the unexpected happens. You can even add a “last one standing” clause to pass on all your assets to the surviving spouse. So, marriage contracts aren’t just for life; they’re for life and death!

Well, there you have it—marriage contracts are way more than just a piece of paper about love and money. They’re like the Swiss Army knife of legal documents, covering everything from “for richer or poorer” to “till death do us part.”