Not exact matches
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».
Both cases dealt with an ante-nuptial, or pre-nuptial, agreement and the weight which should be given to it on
division of the parties»
assets in
matrimonial financial order proceedings.
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.
Such factors include «any agreement between the parties with respect to the ownership and
division of the
matrimonial assets made in contemplation
of divorce.»
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.
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 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.
Resolution
of the major issues in a divorce case, including child custody, spousal support and property
division, can often flow directly from who has possession
of the
matrimonial home, usually the family's largest
asset, at the time
of separation.
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.
In Scots law, if an inherited
asset is not «converted» to
matrimonial property during the course
of the marriage, it can not be taken into account in the financial
division.
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.
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.
In its deliberation with regards to the
division of matrimonial property, the Court determined that it had the jurisdiction to consider the value
of the
assets located outside
of British Columbia, but that it had no power to «determine the right, title or interest in land situated outside the province».
Disclosure: It is well established that Canadian courts have the jurisdiction to consider foreign
assets for the
division of matrimonial property.
The wife brought an application for
division of matrimonial assets, including the property in Croatia.
Division of Assets and
Matrimonial Property in the context
of a married couple that undergoes a marital breakdown.