Sentences with phrase «greater division of assets»

In many cases such contracts can actually provided for a greater division of assets or rights than the common law, even more than our family law system in Ontario.

Not exact matches

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.

A married couple has often accrued a great number of assets over the term of the marriage, and the division of these assets can be a complex situation.

For example, the spouse who proposes a division of assets would appear to have greater power, yet the spouse who says «No» to that proposal may also hold a significant degree of power.

With a summary dissolution, a joint petition is filed when 1) either spouse meets the standard residency requirement, 2) the marriage is irretrievably broken down due to irreconcilable differences, 3) the marriage is childless, 4) the wife is not pregnant, 5) neither spouse owns real estate, 6) there are no unpaid debts greater than $ 4,000, 7) the total value of community property is less than $ 25,000, 8) neither spouse has separate property (excluding cars and loans) of greater than $ 25,000, 9) the spouses have reached an agreement regarding the division and distributions of assets and liabilities, 10) both waive their rights to maintenance and appeal; 11) both have read a brochure about summary dissolution and 12) both desire to end the marriage.

It also offers spouses the greatest degree of control over their own decision making (with regard to asset division, issues surrounding the children, what happens to the house, etc.) and it has an added benefit in that agreements reached through mediation are more likely to be adhered to than those obtained through other processes.