Sentences with phrase «matrimonial assets as»

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.

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.

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.

Not exact matches

A: The matrimonial home is treated as a very special asset when it comes to family law.

In practical terms, if you and your girlfriend split and the relationship meets the common - law requirements (living together for one year in some provinces and as high as three years in other provinces) than you or your girlfriend can make a claim that the condo is the matrimonial home and should be added to the assets that must be divided in the divorce.

If you are considering divorce and there are significant assets to be taken into account, such as property, a business, a pension, an expected inheritance, a large salary or simply money in the bank, you should speak to a family lawyer who specialises in matrimonial finances immediately.

For more information about premarital and post-marital agreements as an asset protection measure during marriage and as a streamlined approach to key issues in a New York divorce, contact a knowledgeable matrimonial lawyer at Arroyo Copland & Associates, PLLC in Albany.

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.

There was no co-mingling of assets that would suggest that the wife's shares should be treated as matrimonial property, and as a result the importance of the source of the assets did not diminish over time.

As a matrimonial practitioner, I have seen litigants make serious mistakes, particularly when they do not have the protection of a prenuptial agreement or never established an asset protection trust prior to marriage.

Thus in the matrimonial context, whether trust assets are to be treated as a financial resource of the husband turns on whether, if asked, the trustees would be likely to exercise their powers in his favour (Charman v Charman [2005] EWCA Civ 1606, [2005] All ER (D) 298 (Dec)-RRB-.

A decrease in the value of assets will also not constitute a Barder event, as illustrated by Horne v Horne [2009] EWCA Civ 487, [2009] All ER (D) 118 (Jul) in which the husband was to retain the family business and the wife was to retain the matrimonial home and a lump sum of # 180,000, payable by instalments.

After they married they signed a document providing that all future assets would be held under a matrimonial property regime known as Sociedad de Gananciales.

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.»

The reasoning was primarily based on the general principles of the 1985 Act that spouses should share only the wealth accumulated by a spouse over the period of the marriage, and in particular, section 10 (4) which defines matrimonial property as only assets which are acquired during the marriage and before the relevant date.

The judge made an order for divorce and dealt with matters such as where the children would live, sale of the matrimonial home, and division of assets, but he expressly made no order with respect to spousal support.

Therefore, pre-marriage, inherited or gifted assets are not matrimonial property, as long as they remain in the same form throughout the marriage.

In contrast to a civil law marriage contract (common in civil law countries such as continental Europe, South Africa etc), a pre-nuptial agreement does not elect a «matrimonial property regime» i.e. a set of rules which govern how assets are owned and dealt with during the marriage.

The team also works with various high - profile people in the retail, politics, entertainment and sports arenas on matters such as asset protection in a matrimonial context, and routinely works with the family team on pre-and-post-nuptial agreements and cohabitation agreements.

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.

For most couples, the matrimonial home represents the largest asset they jointly own, and has deep emotional resonance as the place where a marriage began, the place where children have grown up, and the place where memories are collected.

In general terms matrimonial property includes all assets belonging to the parties individually or jointly which was acquired during the period of marriage and held as at the date of separation, less any debts similarly held by the parties individually or jointly as at that date, subject to a few exceptions.

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.

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

After determining that the wife was entitled to spousal support on the basis that she had contributed to the development of the substantial family assets, the Court returned its mind to the issue of matrimonial property and determined that section 9 (3)(a) and (j) of the Matrimonial Property Act granted Alberta courts the discretion to order periodic payments with respect to matrimonial property along the same lines as a maintenance supmatrimonial property and determined that section 9 (3)(a) and (j) of the Matrimonial Property Act granted Alberta courts the discretion to order periodic payments with respect to matrimonial property along the same lines as a maintenance supMatrimonial Property Act granted Alberta courts the discretion to order periodic payments with respect to matrimonial property along the same lines as a maintenance supmatrimonial property along the same lines as a maintenance support order.

As a result, in recent years, Canadian courts and the legal profession have increasingly been tasked with the challenge of responding to cases where matrimonial property includes foreign - held assets which, sometimes, were greater in value in than those assets held on Canadian soil.

Hello, as per article on Matrimonial Property Act exemptions and regarding the following excerpt from the article as follows:,,,,,, «According to a case called Harrower v. Harrower, if you put those assets into joint names, there is a presumption that you intend to give half of it to your spouse.

Although this novel approach in Darby had no impact on the husband so long as he remained in Costa Rica, if a similar order were made against a spouse who resided within Canada and held assets in a foreign jurisdiction, it could prove to be a powerful tool in ensuring that the other spouse received their fair portion of any matrimonial assets held outside of the country.

The gray area between in rem orders that affect title to land and in personam orders that enforce rights with regards to land is often too murky to discern, as outlined above, which brings us to the next option a court has with regards to matrimonial assets located in a foreign jurisdiction: to defer to the foreign jurisdiction.

The overarching question was whether or not the assets held in Dragon were to be treated as financial resources of Mr Charman for the purpose of the Matrimonial Causes Act 1973 (MCA 1973).

In England, Wales or Northern Ireland: Any business interests and the value contained in them can generally be taken into account as one of the «matrimonial assets» to be divided on divorce or dissolution.