Dividing family assets during divorce, comparative legal regimes between Canada (Manitoba) and Germany

Abstract

This paper primarily deals with a comparative analysis of the laws in Manitoba and Germany regarding the distribution of marital property after divorce. After a short historical introduction, I present a general juxtaposition of the statutory matrimonial property regimes in Manitoba and Germany. Both jurisdictions have a so-called deferred community property regime, with some similarities but also significant differences. Due to the limited scope of this thesis it is impossible to compare every legal aspect with the corresponding law in the other country. Therefore, only a few detailed issues such as the dissipation and tracing of assets are discussed. The third chapter then deals with the consideration and valuation of certain kinds of assets. Special attention is paid to the consideration of new forms of property, in particular to career assets, like university degrees and licences to practise, because these assets are not adequately taken into account upon marriage breakdown in both jurisdictions. The last section gives an overview of the very few cases where an unequal division of assets has been granted. (Abstract shortened by UMI.)