Copy of marriage or civil union contract

Responsibility: Department of Justice

If the deceased was married, the executor will need a copy of the marriage contract to settle the estate.

• To obtain a copy
• Contact the notary before whom the contract was ratified or his successor.

If the notary or his successor cannot be located, the Chambre des notaires du Québec can be contacted.

A marriage or civil union contract is a notarized document that sets out the rules governing the material relationship of a married or civil union couple. This notarized act allows the couple to obtain a matrimonial or civil union regime adapted to their situation, since its absence would automatically lead to submission to the regime of partnership of acquests. It can also include donations, depending on the wishes of the spouses.

This marriage contract, through the matrimonial regime chosen, defines who owns the property and who administers it. It also determines how property that is not part of the family patrimony will be divided in the event of :

• a divorce
• a separation
• an annulment of a marriage;
• dissolution or annulment of a civil union
• the death of one of the spouses.

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