Sentences with phrase «in contemplation of»

Any will that you have previously signed (unless it is expressed to be in contemplation of the marriage) is automatically revoked by your marriage.

(e) an approved maintenance agreement (other than a maintenance agreement referred to in paragraph (d)-RRB- made in contemplation of the termination of the marriage to which the maintenance agreement relates by divorce or the annulment of the marriage to which the maintenance agreement relates;

(4) A superannuation agreement that is included in a Part VIIIAB financial agreement under section 90UB (in contemplation of a de facto relationship) has no effect unless and until the spouse parties enter into that de facto relationship.

(4) A superannuation agreement that is included in a financial agreement under section 90B (in contemplation of marriage) has no effect unless and until the spouse parties marry.

The wasteful dissipation of marital property, including, by either spouse, transfers or encumbrances made in contemplation of matrimonial action without fair consideration;

either party's wasteful dissipation of assets or any transfer or encumbrance of assets made in contemplation of divorce without fair consideration; and

Premarital agreement is an agreement between prospective spouses made in contemplation of marriage, to be effective upon marriage.

Property acquired before marriage, but in contemplation of marriage is also deemed to be marital property.

When deciding what each spouse is entitled to, the court will consider each spouse's age, length of the marriage, value of each spouse's assets, each spouse's role in the marriage (wage earner vs. homemaker), and whether either spouse attempted to destroy, hide or improperly sell any marital asset in contemplation of the divorce.

A Prenuptial Agreement is simply a contract between prospective spouses made in contemplation of marriage.

According to sources speaking on the matter, Snapchat is «serious» in its contemplation of the change, which would come close to mirroring the skip - button used on YouTube video advertisements.

If the ownership change was made in contemplation of death, the payout of the policy could be subject to taxes.

But if I die, I certainly didn't do it in contemplation of having drafted the will.

Hadley provided a straightforward rule for the recovery of damages for breach of contract — in essence, that the loss should have been in the contemplation of the parties had they contemplated breach when the contract was made.

Bowman says the decision reaffirms several aspects of the GAAR as examined in previous cases — the methodology in Canada Trustco Mortgage Co. v. Canada and the interpretation of «in contemplation of.»

The duration of the charter might in a case such as the present be affected by the contingency of the occurrence of an event which was in the contemplation of the parties and catered for in the terms of the charterparty.

Bennett v. State Farm Fire and Casualty Co. 2013 NBCA 4 Practice — Discovery — What documents must be produced — Privileged documents — Documents prepared in contemplation of litigation (litigation privilege or work product privilege) Bennett's residential property burned.

However, the judges refuted that argument endorsing statements by the claimants» QC that it can not be correct that, even in contentious liquidations, everything is done in contemplation of litigation.

In determining the amount and duration of maintenance the court shall consider: (A) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (B) the duration of the marriage and the age and health of both parties; (C) the present and future earning capacity of both parties; (D) the ability of the party seeking maintenance to become self - supporting and, if applicable, the period of time and training necessary therefor; (E) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; (F) the presence of children of the marriage in the respective homes of the parties; (G) the tax consequences to each party; (H) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; (I) the wasteful dissipation of marital property by either spouse; (J) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and (K) any other factor which the court shall expressly find to be just and proper.

Our goal is to get your case dismissed, or get an Adjournment in Contemplation of Dismissal.

This privilege applies to all communications that are made in the course of or in contemplation of litigation where the dominant purpose of the communication is the pending litigation.

Litigation privilege, in contrast to solicitor — client privilege, applies to communications that are made in the course of or in contemplation of the litigation process, which may include information that would otherwise not be confidential and could even include information that is non-communicative in nature.

The policy would have to be communicated to employees well in advance of the temporary layoff so it does not appear that the policy was drafted in contemplation of an impending temporary layoff measure.

For example, «the claims» might be defined as ``... all claims, counterclaims, rights of set - off, rights of contribution, entitlements to costs, causes of action, or rights or interests of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, however and whenever arising in whatever capacity or jurisdiction, whether in the contemplation of the parties at the time or not...»

At present the general view of the law is that litigation privilege applies to communications in the course of, or in contemplation of, regulatory enforcement proceedings, but that is unlikely to extend to documents produced for investigative procedures, such as FCA scoping meetings, or for a firm's fact finding exercise to assess the need for notification under the FCA Principles for Business 11.

[54] I agree with the conclusion of Mr. Justice Savage in Wright v. Brauer, supra, to the effect that there is an evidentiary threshold to be met before an order under Rule 7 - 6 (1) should be made in contemplation of an expert's report under Rule 11 - 6 (4).

The exact details of a deferred disposition (suspended sentence) or adjournment in contemplation of dismissal (ACD) can vary by region as well.

The Court of Appeal disagreed with the chambers judge's view that the internal investigation was in contemplation of litigation, and that information deriving from the investigation would be covered by litigation privilege.

The Supreme Court of Canada stated in Honda Canada Inc. v. Keays.1 that an award of moral damages is based on the principle, articulated in Hadley v. Baxendale, 2 that damages are recoverable for a contractual breach if the damages are «such as may fairly and reasonably be considered either arising naturally... from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties».

The decision re-affirms that such documents are not covered by litigation privilege and protected from disclosure unless it is proved that the dominant purpose for their creation was in contemplation of litigation.

In the common law contracting process the contracting parties need to expressly agree all the essential terms of the contract as there are relatively few terms implied into contracts, either by the common law or statute, and the circumstances in which the court will consider implying an essential term into a contract to render it complete and enforceable are very limited (usually requiring that the missing clause had been in the contemplation of the parties during the contracting process but inadvertently omitted when the contract was concluded).

Also referred to as a Premarital Agreement, A Pre-Nuptial Agreement is an Agreement between two individuals prior to their marriage and in contemplation of it.

New York Criminal Procedure - Article 160.6 states, Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.5 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied...

The only factual finding made by the family court is that «these sales were made in contemplation of marital litigation.»

A premarital agreement (also known as prenuptial or antenuptial agreement) is made between prospective spouses in contemplation of marriage to be effective upon marriage.

Prior to the WESA legislation in BC prior to March 31, 2014 a marriage revoked an existing will unless the will was made in contemplation of marriage.

General language in a release will be limited to the thing or things that were specifically in the contemplation of the parties when the release was given.

One can look at the circumstances surrounding the giving of the release to determine what was specially in the contemplation of the parties.

Nothing in the evidence before me satisfies me that it would be unfair to uphold the provisions of an agreement entered into by these parties in contemplation of their marriage, which agreement specifically provides that it does not oust the provisions of the applicable law.

Such loss «as may reasonably be supposed to have been in the contemplation of both parties» (Alderson in Hadley v Baxendale [1843 - 60] All ER Rep 461) treats remoteness as an allocation of risk between the parties.

The Alberta Court of Appeal determined that, even if the internal investigation as a whole was in contemplation of litigation, it did not necessarily follow that every document created and / or collected during the investigation was privileged.

However, if done in contemplation of divorce, the courts may take action adverse to the party who engaged in tactics designed to minimise the marital estate.

For example, it might be possible to transfer assets into a family limited partnership that has both estate planning and asset protection benefits however, if moving such assets into a Family Limited Partnership or Trust is designed to remove the asset out of the marital estate in contemplation of divorce in order to defraud the soon to be ex-spouse, the transfer may be rescinded by the court as being a fraudulent conveyance.

HMC&TS had jumped the gun with guidance to staff in mid-2016 to the effect that applicant service was prohibited which was in contemplation of a rule change in October 2016 and then the guidance was modified.

Reports that contain legal analysis, advice or conclusions, or which are prepared in contemplation of or in connection with litigation, can be protected by legal professional privilege.

It went on to state that if an employee can prove that the manner of dismissal caused mental distress that was in the contemplation of the parties, that those damages will be awarded not through an arbitrary extension of the notice but through an award that reflects the actual damages.

As noted in the Court of Appeal Case in Solomon v Cromwell Group PLC Oliver v Doughty (2011): «The effect of accepting a Part 36 Offer made before a claim is issued, is that the Claimant is entitled to recover costs incurred in contemplation of proceedings ``

Such factors include «any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce.»

In contemplation of the imminent announcement to abandon the Two Tier contracting process, the Big Firms» Group calls on the Ministry of Justice to implement a further, short, «freeze» of the duty solicitor rotas pending swift consultation with regards the structure of duty solicitor scheme rules that should stand alongside the 2015 Own Client Contract,... Read more»

[53] The chambers judge erred in finding that the dominant purpose of the internal investigation was in contemplation of litigation and therefore every document «created and / or collected» during the investigation is clothed with legal privilege.