1. Objectifs

Intentions :
Cette étude vise à éclairer les considérations pratiques que peut provoquer la déclaration d’une faillite dans un contexte de divorce.

2. Méthode

Échantillon/Matériau :
L’auteure utilise une revue de la jurisprudence canadienne et québécoise en matière de Droit de la famille.

Type de traitement des données :
Réflexion critique

3. Résumé

«In difficult financial times, there are legitimate situations in which bankruptcy is the only means by which a creditor may be freed from a crushing mountain of debt […]. Where a family remains intact, there is sufficient trust between husband and wife that the couple will work together to face the challenges which must be met to keep a household intact and the children clothed and fed. [However], bankruptcy may wreak havoc in the lives of the members of the disjointed family. The wife acquires two opponents: her husband and his trustee. The sometimes unconscionable limitations on the wife’s rights are all too well known in the legal community; the strengths of a wife’s position and the means by which the frailties may be defeated, are unfortunately all too rarely considered and pleaded. […] The steps we take to foster the respect and the integrity of the judgements we obtain - whether for alimentary support, provision for costs, compensatory allowance or partition of the value of the family patrimony – are essential to promote in our communities the primacy of judgments of the family courts, and the respect of the family unit as the most important entity worth of of legislative and judicial protection.» (p. 51-52)