This means that there is no automatic exclusion or
equal division of assets and liabilities acquired during the marriage, but rather there are a number of factors the Court is to consider to arrive at a fair division, see N.J.S.A. 2A: 34 - 23.1 for the specific factors.
The rest of the states are community property states and apply
an equal division of assets.
Given the length of their marriage,
an equal division of the assets may be an optimistic demand for Ms. Zhukova, but the courts won't see her go without either.
Holman J also concluded that it would discriminate against the wife if he were to make an unequal award and therefore, taking all matters into consideration, ordered that there should be
an equal division of the assets.
The court will order an approximately
equal division of the assets and liabilities when:
Charles J held there was no duress, fraud or misrepresentation and felt the agreement was a «good and powerful» reason for departing from
an equal division of assets on divorce:
(iii) In big money cases where a clean break can be achieved a wife with ordinary career prospects is likely to have been compensated by
an equal division of the assets and consideration of how the wife's career might have progressed is unnecessary and should be avoided.
Thus, said the judge, and by reference to White v White [2001] 1 AC 596, [2001] 1 All ER 1, «each party has contributed equally to the marriage» But for the séparation de biens marital property agreement, the judge took the view that he was «satisfied that, applying s 25 of the Matrimonial Causes Act 1973 (MCA 1973), giving first consideration to the welfare while minors of the three minor children and applying the checklist in s 25 (2), this would undoubtedly be a case for
equal division of the assets».
As a common - law couple, no one is entitled to equalization payments — payments made from one spouse to another to create
an equal division of the assets.
Not exact matches
Since the no - fault divorce revolution began in California in 1970 and spread to all 50 states, divorce decrees have generally mandated an
equal division only
of the couple's present
assets and liabilities.
If the Princess succeeds in getting her case heard in the English courts, she will benefit from the judge taking an
equal division of matrimonial
assets as a starting point.
The Scots lawyer would counter that by emphasising the primacy
of equal division of matrimonial
assets in Scots law (rather than a lesser sum being awarded to satisfy the claimant's perceived needs); the possibility
of a greater award
of capital to the claimant by utilising s. 9 (1)(b) and (c)
of the 1985 Act; and the generous view
of pensions.
There are two key concepts for
asset division: 1) defining what exactly is (and isn't) marital; and, 2) noting Georgia does not require an
equal division of property.
This rule seeks a fair, but not always
equal,
division of both
assets and debt.
Remember, equitable does not mean an
equal division of the marital
assets.