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on family law
Marriage Obligations
What are my rights and obligations as a spouse ?
As stated in Article 392 of the Civil Code of Quebec :
« The spouses have, in marriage, the same rights and obligations.
They owe each other respect, fidelity, succour, and assistance.
They are required to live together. »
As this article is of public order, it applies to everyone, regardless of the matrimonial regime chosen by the parties.
Spouses are also required to contribute, according to their respective abilities, to the expenses of the marriage. In other words, these are expenses related to their subsistence, the maintenance of their assets, the well-being of their family, and the education of their children.
Moreover, if one of the spouses contracts a debt for the ordinary needs of the family, the other undertakes to support this responsibility. This means that the consent of the other is not required to engage said responsibility. However, it’s essential to specify that the spouse is not obligated to repay the debt when they have informed the other that they do not wish to be involved in this expense. There’s no secret, clear communication avoids many worries!
The Obligation to Live Together
The obligation to live together is subject to a broad interpretation. Spouses are not necessarily required to live together in the same house. They can have separate domiciles for personal or professional reasons.
Indeed, the principle of living together is rather based on the intention of the spouses to advance their relationship, notably by having common projects (children, purchasing a joint residence, travel, and more).
It might be pertinent for a future bride or groom to discuss with one of our family law attorneys to understand the effects and conditions of marriage, as well as the obligations and means of protection for spouses in case of divorce. Do not hesitate to request a consultation with one of our family law attorneys.
Means of Protection During a Divorce
Certainly, there are ways for spouses to protect themselves in the event of a divorce. Here are a few :
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