Pervasive Problems in the Division of Assets on the Breakdown of Marriage Under Quebec Private International Law

Pervasive Problems in the Division of Assets on the Breakdown of Marriage Under Quebec Private International Law

Pervasive Problems in the Division of Assets on the Breakdown of Marriage Under Quebec Private International Law

Pervasive Problems in the Division of Assets on the Breakdown of Marriage Under Quebec Private International Laws

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Référence bibliographique [20374]

Trusts & Trustees, vol. 25, no 1, p. 160-170.

Fiche synthèse

1. Objectifs


Intentions :
«This article discusses some of the more pervasive—and interesting—problems arising today in the division of assets on the breakdown of marriage under Québec’s private international law regime.» (p. 160)

2. Méthode


Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé


The author points out the importance of «problems arising from the application and enforcement of common law equitable distribution regimes by Québec courts, as well as reciprocal enforcement of foreign marriage contracts in civil and common law jurisdictions. [Are also examined] important issues relating to the enforcement of foreign common law prenuptial agreements and foreign religious marriage contracts in Québec. Problems arising in the context of the characterization of the Québec family patrimony and analogous institutions under foreign laws [are] considered. Additionally, certain controversies concerning the scope of the applicable law governing matrimonial property regimes in the context of successions and trusts [are] explored. It is hoped that through identification of problems such as these, and the awareness of various solutions, practitioners may find helpful tools for aiding clients as they face the formidable challenges of dividing assets upon the breakdown of marriage from within the context of private international law.» (p. 169)