The marriage contract is a notarial act by which the future spouses establish, among other things, their matrimonial regime.

The primary purpose of a matrimonial regime is to regulate the economic relations between the spouses. The matrimonial regime also determines who will be the owner of the assets acquired during the marriage.

If the future spouses choose the regime of community of property, they will remain owners of the assets acquired before their marriage, which are then called "separate property". The assets acquired during the marriage will belong to the spouse who purchased them. If it is impossible to determine ownership, they belong to both spouses in equal shares. In case of divorce or the death of one of the spouses, the spouse who keeps the asset must reimburse a portion of its value to the other, this is called compensation.

If the spouses do not choose any matrimonial regime before the celebration of the marriage, they are subject to the regime of community of property. This is the legal regime in Quebec.

The regime of separation of property does not create any community or partnership between the spouses. Therefore, they remain owners of the assets acquired both before and during the marriage.

It should be noted here that, regardless of the matrimonial regime chosen by the future spouses, they remain subject to the family patrimony.

The marriage contract also allows for the provision of a donation, a donation mortis causa, or a mutual donation in favor of the other spouse, of certain assets or all assets.

It is therefore important to consult a notary specializing in this matter as they are a legal advisor and a specialist in contract drafting.