The province of Quebec is contemplating major changes for unmarried couples.
Most couples in Quebec do not get married, and as a result the majority of children are born out of wedlock, meaning children have few rights and parents have few legal obligations should a couple split up.
Unlike other provinces where common law has established legal obligations similar to marriage, Quebec's Civil Code has no such provisions, as became clear to millions in 2013 with the so-called "Eric and Lola" case involving a multi-millionaire and his former partner.
In 2013 the Supreme Court of Canada ordered Quebec to change the law based on that case, because under existing law neither adult could claim alimony or claim a portion of financial assets earned during the relationship, whether the relationship lasted six months or 60 years. .
Under the new proposal written by Alain Roy, Jean Lambert, and others, that would all change the minute the couple would have a child.
In case of separation, the parent who took care of child-rearing would not only get child support, but would be entitled to a lump-sum payment from the other parent, usually the father.
"It changes if they have common children. If they have no child at all, the situation doesn't change," said Lambert.
That lump sum would be paid in lieu of alimony, so couples would be able to make a clean break and move on with their lives.
The committee is also proposing changes for married couples that would alter the allocation of assets in the event of a divorce.
Under current law all assets are split evenly with no possibility of opting out, even if a marriage contract (commonly referred to as a pre-nuptial agreement) dictates otherwise.
If the recommendations are accepted couples would have to right to opt out of current legal allocation of assets and keep assets separate.
Divorce lawyer Sylvie Schirm thinks that is a good idea.
"What's interesting here is what the committee is proposing is saying, if we're providing freedom of choice, we're arguing that freedom of choice should be respected, and that couples who are not married and do not have children and will not have any regime imposed on them, well can't we give freedom of choice to people who are married so what they're offering is to opt out of the family patrimony, which is a Quebec law," said Schirm.
The provincial government requested this report in 2013 but the recommendations are a long way from becoming law.
Justice Minister Stephanie Vallée now has to decide how she wants those recommendations applied.