Sentences with phrase «of judicial separations»

Besides conventional divorce proceedings, which include a professional companionship in times of separation, we handle important cases of judicial separations and divorces of hardship.

Judicial separation is often, but not invariably, a first step towards divorce, and s. 4 (1) of the Matrimonial Causes Act 1973 states expressly that a court shall not be precluded from granting a decree of divorce by reason only that a decree of judicial separation has previously been granted on substantially the same facts.

In cases of judicial separation or divorce, one parent is usually granted custody.

Although the couple remains married following an order of judicial separation, the court does issue the same types of orders found in a more traditional divorce case.

Maryland's limited divorce is the equivalent of a judicial separation in other states.

If it is satisfied, the court will grant a decree of judicial separation.

The court can make such an order when granting a decree of judicial separation, divorce or dissolution, or either spouse can apply to court for such an order once a decree has been granted.

The hearing will be held in private and you will need to show the court that you meet the requirements of the Judicial Separation and Family Law Reform Act 1989.

(2) Proceedings for a decree of restitution of conjugal rights, of jactitation of marriage or of judicial separation shall not be instituted or continued after the commencement of this Act.

When a couple can not agree the terms by which they will live separately, an application to the courts for a decree of judicial separation can be made by either party.

Not exact matches

A meeting of the Supreme Court's party committee on Wednesday said China would draw boundaries with the West's notion of «judicial independence» and «separation of powers», the state - run China News Service said.

Like Thomas Jefferson, who famously called for a «wall of separation between church and state,» Holmes believed that personal beliefs had no place in judicial decisions.

One of them was the concept of «separation of powers,» to ensure a system of checks and balances among the three branches of government: executive, legislative, and judicial.

With the adoption of the Charter, Erie County established a traditional form of legislative, executive and judicial separation of powers which is common to all other levels of government.

To ensure a separation of powers, the Government is made up of three branches: legislative, executive and judicial.

In their judgement (http://www.austlii.edu.au/au/cases/cth/HCA/2013/20.html) they say that the law does not «create a duty» to disclose these changes in circumstance effective 2000, and then apparently decline to address «is section 66A of the Administration Act invalid, insofar as it has retrospective effect, because it infringes the separation of judicial and legislative powers mandated by the Constitution?»

Concerning the history of the separation of powers in Australia, I am aware that the High Court has taken a narrow view of what tribunals can exercise judicial power.

As as the Dutch Supreme Court confirmed in 2003 («Waterpakt» case»), EU states have a separation of executive and judicial powers.

This vesting clause, along with the Executive and Judicial Branches deliniates a clear separation of powers in the federal government.

As former Court of Appeal judge Sir Stephen Sedley noted last year, he described «a statutory surveillance scheme shrouded in secrecy, part of a growing constitutional model that raises the question as to whether the tripartite separation of powers, legislature, judicial and executive still holds good»

The iCivics games consist of several modules that include citizenship and participation (Activate), The Constitution and Bill of Rights (Do I Have a Right, Immigration Nation, Argument Wars), budgeting (People's Pie), separation of power (Branches of Power), political campaigning (Win the White House), local government (Counties Work), the Executive branch (Executive Command), the Legislative branch (Lawcraft, Represent Me), and the Judicial Branch (We the Jury, Supreme Decision).

He argues that «under any conception of our separation of powers, I would have thought powerful and centralized authorities like today's administrative agencies would have warranted less deference from other branches, not more,» and that judicial deference has «added prodigious new powers to an already titanic administrative state.»

The state constitutions» education clauses also raise questions about the appropriateness of judicial intervention based on separation of powers.

One is that judicial action violates the principle of separation of powers because school spending is a political question.

Michael Rebell is executive director of the Campaign for Educational Equity at Teachers College, Columbia University, and is the author of Courts and Kids: Pursuing Educational Equity through the State Courts (University of Chicago Press, forthcoming), in which he proposes a new functional separation of powers among the executive, legislative, and judicial branches to promote education reform and student achievement.

Judge Ralph Smith of the circuit court in Tallahassee ruled Jan. 31 that the constitutional separation of judicial and legislative powers prevented him from evaluating the legislature's spending priorities.

The problem is, if you never obtained a judicial separation or prepared a written separation agreement, your separation was never official in the eyes of the Canada Revenue Agency (CRA).

«In a case where two spouses are living separate and apart in their own residences, but not under a judicial separation or a written separation, only one of the residences can be designated as a principal residence for a particular taxation year,» explains Nerill Thomas - Wilksinson, from the Legislative Policy and Regulatory Affairs branch of the CRA.

Keywords: climate change litigation, climate policy, international law, separation of powers, role of judiciary, judicial authority, rule of law, political question doctrine, science and law, politicization of science, scientific consensus, scientism, science - based risk regulation

The U.S. government is broken into three branches, Executive, Legislative and Judicial, to create a separation of power.

How safe is the framework of separation of powers and the critical concepts it protects, such as judicial independence, if so much of the citizenry does not even know the system exists — or what its role is?

We have represented many education institutions for many years in a vast variety of civil litigation matters, including contract disputes, construction disputes, building envelope and environmental separation concerns, maintenance of capital structures, labour issues, defamation, judicial review, and providing defence to educators.

Todd & Weld filed suit on behalf of Judge Kendall in federal court challenging the removal proceedings as unconstitutional on separation of powers grounds as an illegal encroachment by the legislative and executive branches of government on the inherent right of the judicial branch of government to monitor and review judicial conduct.

This can be understood as the principle of the separation of judicial systems.

«This report also discusses the arguments that have been presented by proponents and opponents of electronic media coverage of federal court proceedings, including the possible effect on judicial proceedings, separation of powers concerns, the purported educational value of such coverage, and possible security and privacy concerns.

A decree that approves separation by mutual consent, or rather the judicial separation agreement, or the assisted negotiation agreement, authorised by the public ministry, or alternatively the signing of the agreement before the Mayor in order for the separation to be valid, are all sufficient.

It found that s 23 and s 24 of MCA 2005 were governed by s 21 (1) to state that these provisions are for the purpose of «adjusting the financial position of the parties to a marriage and any children of the family in connection with proceedings for divorce, nullity of marriage or judicial separation», and was clearly intended to assist (living) parties to the marriage.

When spouses do not agree on the conditions of the separation, judicial or contentious separation can happen.

The first is for the parties to start judicial separation proceedings, which involves a similar court process to a divorce but, at the end of that process they will not be divorced but rather judicially separated.

Thus did Obama pay respect to Justice Stevens» view that this gesture honors values of separation of powers and judicial independence embedded in our Constitution.

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.»

Singapore courts shall have jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is (a) domiciled in Singapore at the time of the commencement of the proceedings; or (b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.

Where parties have agreed to separate, we provide clients with careful and expedient advice to help them decide on a course of action that best suits their situation — whether by way of divorce or civil partnership, dissolution, judicial separation or a separation agreement.

Cognisant that it ought not to robotically rubber stamp the juridical mind of larger more developed judicial systems on our fragile system, the court's task is made even more difficult under a Constitution where the separation of powers is more ideological than realistic.

Traditionally, the constitutional separation of powers ensures that the executive does not interfere, nor can it be perceived as interfering with judicial processes.

But these separation of powers concerns are that legislative power be exercised by Congress, executive power by the President, and judicial power by the Courts.

The judicial introduction, by means of the interpretation of national law, of normative mechanisms proving necessary to fulfil supranational obligations is not new to the Italian legal order, and would not breach the separation of powers.

matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)

Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites judicial review»... (cites omitted)

She also has a wide breadth of experience in divorce, judicial separation and nullity cases, including defended and undefended suits.