Sentences with phrase «matrimonial assets»

The court values matrimonial assets as if sold on the day of the hearing or agreed order, so the costs of sale and the tax payable need to be taken into account.

Corporate accounts will only provide limited insight into any hidden matrimonial assets held.

This could mean that the other party could still be compensated through other matrimonial assets even though a direct pension sharing arrangement would not be available.

To what extent are intellectual property rights matrimonial assets?

At the time, the husband was awarded # 2.725 million, which equated to half of the # 5.45 million matrimonial assets available to the couple.

For example, as mentioned an Injunction may be granted in order to stop a parent from removing a child of the marriage from the jurisdiction; it may also be used to prevent a separated spouse from removing or dissipate matrimonial assets pending their division and distribution by a court after a trial, or prevent one party from destroying documents that need to be produced for the trial between the spouses.

However, recent case law has demonstrated that if income is utilised from those trusts, they may rank as matrimonial assets with the Court being able to direct the trustees to utilise them in divorce settlements.

«My Bill... would bring England and Wales into line, not only with Scotland but with most of western Europe and most of the American states in splitting matrimonial assets and curbing life - long maintenance.»

To avoid double recovery, the court should, where practicable, focus on that portion of the payor's income and assets that have not been part of the equalization or division of matrimonial assets when the payee spouse's continuing need for support is shown (see Hutchison, supra, at para. 9).

Moreover, we are experienced in representing individuals in complex and contentious trust and probate cases, as well as handling a host of matrimonial and family law disputes, including matters involving foreign marriages and the division of high value matrimonial assets.

Financial claims can be made by either party against matrimonial assets whether held in joint names or in one party's sole name and the court can make a range of orders to effect division of those assets.

In the writer's opinion, this case is likely to add to, rather than settle, the on - going discussion about the applicability of cases such as White and Miller to the division of matrimonial assets between the parties in «short marriage» cases.

Charles J's award focused on achieving an overall fair result for the parties and reflects the power of discretion available to the court when assessing matrimonial assets.

the court, in its «conclusion» section, noted: «The accrual of pension benefits is usually a significant matrimonial asset, and the entitlement to a survivorship benefit can often be critically important to the designated recipient»... [by quotation] `... it is important that a former spouse not accidentally waive entitlement to the benefit.»

The Divorce (Financial Provision) Bill would amend the Matrimonial Causes Act, introducing an equal split of matrimonial assets as a «starting point» and placing a cap on maintenance claims.

Section 112 of Singapore's Women's Charter empowers the courts to order such division of matrimonial assets as they deem «just and equitable» and requires the courts to consider a host of specified factors in making that decision.

Offsetting is where other matrimonial assets, like property or savings, are adjusted in favour of a spouse in lieu of pension rights, which are retained by the member spouse.

Good legal counsel, if hired before this happens, may be able to prevent this from happening by getting a court order that prohibits either party from dissipating matrimonial assets.

Regardless of who paid what, once it is established as the matrimonial home and you have occupied it as such, all money paid for the asset is considered to be a matrimonial asset.

The starting point is that matrimonial assets should be split on a 50/50 basis however this may be departed from after considering the children's needs, the length of the marriage, the ages, health and income earning capacity of the parties, the standard of living enjoyed during the marriage, needs and any other relevant circumstances.

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

While an award of so small a percentage of the matrimonial assets after such a long marriage may appear derisory Wilson LJ cautioned that the facts of this unusual case did not merit any greater award for the husband than # 5m, even taking into account the sharing principle, because the entirety of the assets were non-matrimonial.

A Singapore court that grants a judgment of divorce, judicial separation or nullity of marriage, has the power to order division between the parties of any matrimonial asset or the sale of any such asset and the division between the parties of the proceeds of the sale of any such asset «in such proportions as the court thinks just and equitable.»

Further flexibility is introduced by the recognition in section 10 (1) that there may be other special circumstances justifying a departure from equal sharing of the matrimonial property and family lawyers are well used to using both section 10 (1) and section 9 (1) in persuading a court that an equal division of the matrimonial property is not the fairest way to divide the matrimonial assets.

Nancy Cellucci, Associate, Family Law Nancy's Family Law practice includes all areas of law that involve families, including issues of custody, access, child and spousal support and division of matrimonial assets.

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.

However, in this case, the judge did not apply the principles in relation to «add back» but chose instead to rule that the husband's conduct was an additional reason to depart from equality which, together with the wife's needs left the wife with an additional share of the matrimonial assets.

At the hearing, one of the issues argued by the husband was that there should be a departure from equality on the basis that his «special contribution'to the matrimonial assets would be inequitable to disregard.

The wife argued that these monies should be notionally added back to the matrimonial assets to be divided, and this was accepted by HHJ Corrie sitting in Oxford County Court.

The Trustee will also look at any matrimonial assets to determine if these assets affect their recommendation.

Nancy's practice includes all areas of law that involve families, including negotiating and litigating disputes in custody, access, child and spousal support and division of matrimonial assets.

This bears relevance to Al - Baker v Al - Baker where, as Antonia rightly asserts, «the great difficulty... lay in the computation of matrimonial assets», due to the husband's non-disclosure.

«In White v White [2001] 1 AC 596 («White») the House of Lords established what has become a principle that the matrimonial assets of a divorcing couple should normally be shared between them on an equal basis.

The court limited the husband's total share to # 2 million from a total pot found to be # 6.9 million at first instance, but excluded the wife's liquid capital from being part of the matrimonial assets for equal sharing.

The most common scenario is when a relative has an interest in a property that forms part of the matrimonial assets.

It's sharing, it's matrimonial assets...

The scope of disclosure of joint, personal and matrimonial assets to a Trustee in Bankruptcy and the procedure for achieving «respect for private and family life» under Article 8 of the ECHR

Varsha Gohil's divorce involved substantially less in the way of matrimonial assets — at least initially — she was awarded # 270,000 and a car from the end of her marriage.

Charles J awarded the wife half of the matrimonial assets as at January 2005 on the basis that the point for defining the marital property was the date when the mutual support between the parties ended.

The ancillary relief proceedings are often fiercely contested as a judge will rule on who should have what from the matrimonial assets.

Once the decree absolute has been pronounced the marriage has officially ended and usually the parties will begin ancillary relief proceedings: the name given for deciding how the matrimonial assets should be split.

In Lane v Lane, 2012 ABCA 2 (CanLII), this Court observed that a trial judge «did not err in taking into account the wife's failure to earn income from a portion of her matrimonial assets» (para 22).