---
title: "Marriage contract in Québec: choosing a regime | NotarIA"
description: "Choice of regime (art. 431 C.c.Q.), notarial form (art. 432), family patrimony (art. 392), partnership of acquests (art. 448): the essentials."
url: "https://notaria.solutions/en/features/acts/marriage-contract"
locale: "en-CA"
type: "acte"
section: "Act type"
published: "2026-07-19"
updated: "2026-07-19"
author: "NotarIA Team"
reading_time: "6 min read"
fidelity: "exact"
generator: "notaria-markdown/1"
---

# The marriage contract, verified clause by clause.

A marriage contract is the notarial act by which future spouses choose their matrimonial regime (art. 431 C.c.Q.); it must be received before a notary in authentic form (art. 432 C.c.Q.). Without a contract, the partnership of acquests applies (art. 448 C.c.Q.) — and the family patrimony rules apply in every case (art. 392 C.c.Q.).

## The essentials

A marriage contract is the act by which future spouses choose the patrimonial rules of their union: separation as to property, an adjusted partnership of acquests or another permitted regime — freedom of choice is recognized by law (art. 431 of the Civil Code of Québec). Without a contract, spouses are subject to the legal regime of partnership of acquests (art. 448 C.c.Q.).

Form is imperative: the contract must be received before a notary, in authentic form, on pain of absolute nullity (art. 432 C.c.Q.). And one limit binds every regime: the family patrimony (art. 392 C.c.Q.), whose partition rules apply whatever the chosen contract. In practice, the notary explains the consequences of each regime and drafts tailored clauses; the following is informational — for your situation, consult a notary.

## Watchpoints

Four subjects to settle with the notary — before signing.

- **Choosing the regime** — Separation as to property or adjusted partnership of acquests: the regime drives the partition on divorce or death. It is weighed against the spouses' situation — income, business, property already held.
- **The family patrimony cannot be avoided** — No contract can set aside the partition of the family patrimony (family residence, furniture, rights under retirement plans); a contrary clause risks being without effect.
- **Notarial form, mandatory** — The contract is generally received before the marriage to take effect from the union; it can also be amended later, always by notarial act.
- **Tailored clauses** — Preciput, preferential allotment, regime adjustments: every clause is checked against the law and the parties' intent — generic wording often leaves blind spots.

## What the copilot checks

The copilot re-reads the draft like a vigilant peer, before signing.

- **Missing clauses by act type** — The draft is compared to the requirements of the "marriage contract" act type — chosen regime, patrimonial clauses, required statements — and omissions are flagged.
- **Outdated references** — Repealed or replaced articles cited in the act are spotted, with the current reference.
- **Inconsistencies** — Gaps between the stated regime and the drafted clauses, or between the file's documents, flagged for review.
- **A cited finding — the notary decides** — Every finding is cited to its source and graded by severity; the notary confirms, rejects or finalizes. Never the AI.

## Frequently asked questions

### Is a marriage contract mandatory in Québec?

No. Without a contract, the legal regime of partnership of acquests applies (art. 448 C.c.Q.). The contract serves to choose another regime or adjust it; the notary explains the concrete consequences.

### Can a contract set aside the family patrimony?

Generally not: the family patrimony rules (art. 392 C.c.Q.) apply whatever the chosen regime. Adjustments exist in specific cases; your notary will say what is permitted.

### When should the marriage contract be signed?

Generally before the marriage, so the chosen regime applies from the union. It can also be amended after the marriage, always by notarial act — the notary adapts timing and form to the file.

## Marriage contracts with no blind spots.

Request a demo: the copilot re-reads your draft contracts before signing.

## See also

- [The compliance copilot](https://notaria.solutions/en/features/compliance-copilot)
- [Glossary of Québec notarial law](https://notaria.solutions/en/glossary)
- [The succession](https://notaria.solutions/en/features/acts/succession)
- [The inter vivos gift](https://notaria.solutions/en/features/acts/gift)

---

Assistant — not legal advice. The notary reviews, signs and decides on every act.