Note: This meant equal rights under the law to have custody
determined upon divorce or separation, and does not imply the outcome of «joint custody» upon separation or divorce.
Not exact matches
[53] In Miglin, the court
determined that just because one portion of a separation agreement fails to substantively comply with the objectives of the
Divorce Act does not necessarily mean the entire agreement must be set aside: «[f] or example, if it appeared inappropriate to enforce a time limit in a support agreement, the quantum of support agreed
upon might still be appropriate...» (Miglin at para 86).
Prenuptial agreements may
determine which property and debts should be divided
upon divorce, which property should be excluded, which property should be excluded from the probate estate when one of the spouses dies, whether alimony should be paid
upon divorce or separation and if so, how much and how long.
As you may guess,
determining how your assets are distributed
upon your death can be complicated like many other aspects of your life when you file for
divorce.