Sentences with phrase «of dissipation of assets»

Sometime called a forensic accountant or asset searcher or a certified licensed investigator (CLI), a forensic accountant analyzes marital estates for evidence of dissipation of assets or hiding of assets.

Criteria for a Freezing Order To obtain a freezing order, a Claimant needs to establish three things: • A good, arguable case; • That there is a real risk of dissipation of assets; and • That a freezing order would be just inall thecircumstances.

While the English court found that there was a real risk of dissipation of assets, the court held, however, that it was not just and convenient to grant the relief sought.

The necessary requirements are conveniently set out at paragraph 33 in the judgment of Eder J in Elektromotive Group Ltd v Christopher Pan [2012] EWHC 2742 (QB) and in particular at subparagraph (i) in relation to the risk of dissipation of assets.

In the recent case of Electromart (Ontario) Inc. v Fabianiak et al., the Ontario Superior Court considered the level of evidence required to prove that there is a real risk of the dissipation of assets, one of the elements necessary to obtain a Mareva injunction freezing a defendant's assets.

For a successful result, the applicant must prove that there is a good arguable case, there must be a real risk of dissipation of assets which is often difficult to prove, and it must be just and convenient to grant the freezing order.

While delay may be a relevant factor in some cases, particularly where urgency is alleged as a basis of moving without notice under Rule 37.07 (3), it is not a relevant factor where a risk of dissipation of assets is the basis for moving without notice under Rule 37.07 (2).

Not exact matches

However, the Court held that this conduct was still relevant to the issue of risk of dissipation by effectively reasoning that if Mr Grigorishin could transfer away assets for one reason, he could do it for other reasons, including to avoid paying the judgment.

A risk of dissipation basically means that, if left unrestrained, a defendant is likely to either hide or transfer away his assets so that the applicant can not enforce a judgment against those assets.

To support this, the team has wide experience in search and seizure orders, freezing injunctions, proprietary injunctions and other options to gain competitive advantage in a litigious situation and prevent the dissipation of a defendant's assets.

In the trust and estate litigation arena, he represents corporate trustees, individual trustees, personal representatives, and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.

His trust and estate litigation practice includes representing corporate trustees, individual trustees, personal representatives and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of trust or estate assets, and claims of lack of testamentary capacity, undue influence and fraud.

The court next reversed the divorce court's award of $ 50,000 for dissipation of assets as without supporting evidence because waste and dissipation of assets are the same thing and do not occur over the course of the marriage, but instead only while the marriage is undergoing an irreconciliable breakdown.

While Mr Vaughan's argument succeeded at first instance, the Court of Appeal had little truck with it, approving earlier guidance from Martin v Martin [1976] Fam 335, [1976] 3 All ER 625 and Norris v Norriss [2003] 1 FLR 1142, [2003] All ER (D) 428 (Feb): clear evidence of wanton dissipation of assets should result in factoring back of the relevant monies into the matrimonial pot.

The court discharged the freezing order having found, on the facts, that it should not exercise its jurisdiction because Mobil could not demonstrate that: PDVSA's conduct in relation to the assets was unjustified, ie a risk of dissipation; the case was one of urgency; there was a connection between the dispute or the parties and this jurisdiction (there was never any suggestion of fraud); or that PDVSA had assets in the jurisdiction.

During the course of litigation, Laiken obtained a very broadly worded ex parte Mareva order freezing the assets of Sabourin and other named defendants which included enjoining any others «with knowledge of this Order» to «prevent the sale, disposition, withdrawal, dissipation, sale, assignment, dealing with, transfer, conveyance, conversion, encumbrance or diminishment» of the assets, specifically including money held in «trust accounts».

Therefore, the family court must find the allegedly at fault party engaged in willful misconduct, bad faith, intentional dissipation of marital assets, or the like before it may alter the equitable distribution of marital property based on economic misconduct.

Mechanisms such as prejudgment remedies of attachment and garnishment, injunctive relief to freeze assets, asset discovery, and debtor examinations are all part of our strategy to see that our client's claims are not rendered uncollectable through the dissipation of assets.

If there has been an intentional dissipation of marital assets, the innocent spouse may be entitled to a larger share of the remaining marital property; this is something to discuss with an experienced lawyer.

During divorce, forensic (or investigative) accounting professionals can trace the paper - trail of funds through the various accounts of the marriage, determine the actual income of the family, verify claims of «co-mingling» marital and separate assets, or determine the validity of a potential claim for dissipation of marital assets (see «Dissipation Issues,» below, for more on tdissipation of marital assets (see «Dissipation Issues,» below, for more on tDissipation Issues,» below, for more on this topic).

There are many legal definitions of what constitutes dissipation, but they all involve minimizing marital assets by hiding, depleting, or diverting them.

Risk of dissipation is easy to establish in such cases: if there is a prima facie case of fraud, eg misappropriation of the claimant's money, then the court will readily accept that the defendant is also likely to try to take steps to move his assets out of the reach of the claimant before the latter can obtain and enforce a judgment.

He has been involved in a number of multi-million pound directors» misfeasance claims and is extremely familiar with claims that arise from fraudulent trading and the dishonest dissipation of assets, having experience of tracing and realising assets both within and outside of the jurisdiction.

Recently, the courts of several Caribbean islands — long considered to be havens where funds could be stashed beyond the reach of creditors — have demonstrated they are prepared to take determinative action to prevent dissipation of assets that might respond to a prospective judgment from a foreign court.

Interim measures are frequently required, including search and seizure orders and freezing injunctions, to prevent dissipation of assets prior to the issue of proceedings.

Subject: Civil procedure; Insurance; Dissipation of assets; Freezing injunctions; Insurance brokers; Interim injunctions; Risk; Setting aside freezing injunctions

If one spouse causes a loss of marital property during or after the breakdown of the marriage, called a dissipation of marital assets, the court may give the other spouse a larger portion of marital assets since there are fewer marital assets to distribute because of the loss.

If you file for divorce after January 1, 2013, your spouse must notify the court that he intends to pursue a claim for dissipation of marital assets, and the court sets a limit as to how far back before your separation these claims can apply.

Your state's laws determine how your divorce court can repair the damage caused by your spouse's dissipation of marital assets.

Each party's dissipation or destruction of marital assets within two years prior to filing for divorce.

The Journal of the DuPage County Bar Association: What Constitutes Dissipation of Marital Assets?

: How and When Dissipation, Depreciation and Depletion impacts an Equitable Division of Marital Assets.

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

Courts now view the marriage as an economic unit, and in general courts are more concerned about economic misconduct — such as the dissipation of marital assets — than they are about marital misconduct — such as infidelity.

American Academy of Matrimonial Lawyers: Dissipation of Marital Assets and Preliminary Injunctions: A Preventive Approach to Safeguarding Marital Assets

It enjoins both spouses from dissipation of community assets, harassment of each other or the children, and removal of children from Arizona without joint agreement or by court order.

Various factors are taken into consideration when distributing assets including the incomes of the parties prior to and at the beginning of the divorce, duration of the marriage, need to occupy the marital home, loss of inheritance or pension rights, maintenance awards, future financial circumstances of each spouse, tax consequences, dissipation of assets, contributions as a non-wage earner to the income of the spouse and home, and the character of the property itself.

Damages Dating Violence Decision Declaratory Statute Decree Decree of Adoption De Facto Defamation Default Judgment Defeasance Defendant De Jure Delinquency Demurrer De Novo Dependent Deposition Descendants Dictum Direct Examination Directed Verdict Discovery Disinheritance Dismissal Disposable Income Dissenting Opinion Dissipation of Assets Dissolution Divorce Divorce A Mensa Et Thoro Divorce A Vinculo Matrimonii Docket Doli Incapax DOMA (Defense of Marriage Act of 1996) Domestic Partners Domestic Relations Court Domestic Relations Order Domicile Donatio Mortis Causa Dower DPPA (Deadbeat Parents Punishment Act) Due Process Duty of Support

Cases involving domestic violence, dissipation of marital assets, and other emergency matters will require immediate court action and the intervention of the judge.

An exception to this would be if a true emergency situation exists, usually involving some level of danger to children or the immediate dissipation of marital assets.