An asset may only be determined to be
marital by agreement of the parties or determination of the judge.
Not exact matches
As part
of a divorce, to divide the equity between the
parties as part
of a
marital settlement
agreement or as directed
by the court.
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».
If
parties are able to settle all
of their rights
by way
of a
marital agreement, they can avoid much
of the emotional and financial stress
of a full litigation.
Alternatively, the
parties, with the assistance
of a family law attorney in Loudoun County, can enter into a
marital agreement when the terms
of the
agreement are provided in a court order or if it the
agreement is recorded and transcribed
by a court reporter and affirmed
by the
parties on the record.
In the state
of New York, property and debts can be settled in a signed
marital settlement
agreement by both
parties.
The husband argued that he was entitled to reopen the
marital settlement because this account was overvalued
by both
parties and therefore the
agreement was the result
of a «mutual mistake.»
Absent an
agreement, experts may be retained
by the
parties or
by the courts to determine the value
of marital assets.
If one
of the
parties has moved abroad and does not return, the court will generally approve the
marital settlement
agreement as presented
by the petitioner.
In a
marital tort, as in all torts, there must be a violation
of some duty owed to the plaintiff, and generally that duty must arise
by operation
of law, not merely an
agreement between the
parties.
Assets and liabilities excluded from
marital assets and liabilities
by valid written
agreement of the
parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and
He has been trained in and practices collaborative divorce, a gentler, less expensive, and quicker way to resolve divorces
by agreement reached
by the
parties directly but in the presence
of and with the assistance
of their attorneys who commit to settlement rather than litigation
of each aspect
of ending the
marital enterprise and beginning life anew on their own.
Collaborative divorce is a gentler, less expensive, and quicker way to resolve divorces
by agreement reached
by the
parties directly but in the presence
of and with the assistance
of their attorneys who commit to settlement rather than litigation
of each aspect
of ending the
marital enterprise and beginning life anew on their own.
He also has been trained in and practices collaborative divorce, a gentler, less expensive, and quicker way to resolve divorces
by agreement reached
by the
parties directly but in the presence
of and with the assistance
of their attorneys who commit to settlement rather than litigation
of each aspect
of ending the
marital enterprise and beginning life anew on their own.
Cases which become resolved
by the
parties having entering into a written settlement
agreement (often called a property settlement
agreement (PSA) or
marital settlement
agreement (MSA) can be concluded with an uncontested divorce hearing within days
of the
agreement being signed.
The resulting
Marital Settlement
Agreement is the product
of a careful and deliberate process
of decision - making
by the
parties themselves.
These include disposition
of marital property and other property interests; child custody and visitation; child support; alimony; and enforcement
of agreements voluntarily entered into
by the
parties.