A major Quebec women's group is now calling for major legal changes to protect people in unwed unions.
The Quebec Council on the Status of Women has reversed its longstanding position concerning the right to alimony and division of property for all spouses.
Common law unions do not exist in Quebec, which follows the civil law system and unwed partners in Quebec have been excluded from the palimony settlements that have been available elsewhere to unwed couples.
The group is now asking for a profound legal reform on the rights of people in unmarried unions.
“From our point of view, it’s a little difficult to understand that the institution of marriage is hyper-protected in the case of a separation and in the case of a simple union, there’s absolutely no protection," said Julie Miville-Dechene President of the Quebec Council on the Status of Women.
Individuals in unwed couples would be protected after two years of cohabitating, or following the birth of a first child, according to the group's plan.
“We propose an opt-out clause, both partners would be protected by default unless they choose to be exempt from this system of protection," she said.
The issue has attracted intense debate in Quebec in recent years, notably as the Eric-versus-Lola trial was ongoing. Some believed that a new system would create the equivalent of a “forced marriage.”
But Miville-Dechene said that all serious unions require some form of investment.
The position is a reversal for the group which opposed such measure in the past, as they felt that such changes might undermine the independence of women.
But the percentage of unmarried unions have grown considerably over the years and by 2012, 63.3 percent of children born in the province were of unmarried parents, compared to 15.6 percent in 1981.
Miville-Dechêne concedes that many Quebecers prefer to maintain the current system.
“They are very attached as what they perceive to be to be total freedom of choice,” she said. “We say that there’s ample evidence that unmarried unions lead to poverty. The individual choice cannot be the only criteria that counts in society. Solidarity within a couple is also important.”
Many people in unwed couples leave the workplace or reduce their hours at work to take a great part in domestic duties or parenting and as a result that leaves them economically vulnerable. The state has the duty to ensure some protection to the vulnerable party, according to the group.
Only about 20 percent of couples have a contract dictating the details of the sharing of property or a pension, according to the council.
“There’s a lot of hesitation in couples to discuss money when love is in bloom or a child is born, because it seems like something that would contaminate the relationship,” said Miville-Dechene
“There’s something in humans at that time of their life that they are allergic to the idea of discussing separation. It’s seen as a failure, ultimately,” she said.
The group mulled over the decision for about three years and has discussed their position with Minister Responsible for the Status of Women Stéphanie Vallée.
-With a file from The Canadian Press
