Sentences with phrase «parties to the marriage»

«To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into an agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them, support, parental responsibility allocation of their children, and support of their children [for certain expenses such as education] after the children attain majority.»

Sections 90B - 90KA of the Family Law Act 1975 deal with financial agreements by parties to a marriage and sections 90UA - 90UN apply to financial agreements by de facto couples (if the de facto couple are ordinarily resident in a participating jurisdiction).

«11 (1) A disposition is not a transfer of value if it is made by one party to a marriage in favour of the other party or... and is --(a) for the maintenance of the other party, or...»

Matrimonial Causes Act 1973 s. 1 (1)... A petition for divorce may be presented to the court by either party to a marriage on the ground that the marriage has broken down irretrievably.

For the purpose of this grant, the terms «spouse», «widow» and «widower» include parties to a marriage that has been dissolved, provided the dissolution is recognised as valid in this State.

The overarching theme behind the changes put forward for consideration by the Commission is the enablement of parties to a marriage or civil partnership to be treated as responsible adults, who can, not only determine how and when their marriage is to end, but also agree in advance, subject to certain safeguards, the financial provision which will be made for them on divorce or dissolution of their relationship.

§ 61.001 (2)(b)- (c)(the purposes of Chapter 61, among other things, are «(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.»)

Your application is made using the same forms that are used by parties to a marriage and your case will be dealt with under the same procedures that apply to married couples making the same type of application.

The parties to each marriage that is valid under the law of any state will be treated as a spouse as defined in this policy.

The parties to each marriage that is valid under the law of any state will each be treated as a spouse as defined in this policy.

The Council of Trent makes this clear: «If anyone shall say that a marriage contracted, but not consummated, is not dissolved by the solemn religious profession of either one of the parties to the marriage, let him be anathema» (Sess XXIV Can vi).

God is the creator of marriage, and a party to each marriage covenant.

The parties to each marriage that is valid under the law of any state will be treated as a spouse as defined in this policy.

A Community Property state provides that all property that is acquired during the marriage is owned equally by both parties to the marriage.

One has to wonder, therefore, how long it will be before there is reform and before the law in England and Wales is brought into line with social trends and the startling difference that currently exists between the position of cohabiting parties and the position of the parties to a marriage is addressed.

The parties to a marriage have financial claims against each other by virtue of their marriage.

The trustee argued that neither provision contained the words «either party to a marriage» or «the other party to a marriage», and that there was therefore a clear distinction with s 27, which implied a different Parliamentary intent.

The slightly tortuous reasoning it adopted was that the right of application (under s 27) is expressly granted to «either party to a marriage» and was to be brought against «the other party to the marriage» and that this combination of sub clauses suggested that Parliament's intention was that this provision could only be sought if both parties were alive.

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.

Another circumstance in which it is important for an individual to consider a prenuptial agreement is if one or both of the parties to a marriage is entering that marriage in a substantially different financial situation than the other party.

To seek an application, the parties to the marriage must first file an affidavit in writing, sign such affidavit, and subscribe before an authorized person to administer an oath, reciting the true and correct ages of such parties; unless both parties are over the age of 18, except as provided Florida Statute 741.0405.

In proceedings for nullity of marriage on the ground that the marriage is void or voidable, the court may, nonetheless, grant the relief sought where both parties to a marriage reside in Singapore at the time of the commencement of the proceedings.

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.

Spousal support is awarded when the parties to the marriage have a substantial difference in their earning or earning capacity.

«(c) that either the party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise; (d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of [the Mental Health Act 1983] of such a kind or to such an extent as to be unfitted for marriage.»

Even when the parties to the marriage have capacity to make a new will, they may not be alerted to the need to do so, with the same result on death.

(a) the net value of the matrimonial property should be shared fairly between the parties to the marriage;

once a Form A is issued by one party to a marriage or civil partnership then, save if the application is expressly stated to be limited to the seeking of a particular remedy, all possible applications by both parties should be deemed to have been made and may be granted or dismissed by the court without further application.

There is no legal requirement that the parties to a marriage enter into a prenuptial contract, but many couples choose to do so.

Moreover, spouses can not pre-determine child support because the law regards child support as a child's right, and the parties to a marriage can not override that right.

Matrimonial Causes Act 1973 s. 2 (3) Where... the petitioner alleges that the respondent has behaved in such a way that the petitioner can not reasonably be expected to live with him,, but the parties to the marriage have lived with each other for a period or periods after... the final incident relied on... that fact shall be disregarded... if thelength of that period or of those periods together was six months or less.

This can be a very unfair result, particularly when one party to the marriage is considerably wealthier than the other and the marriage was of a reasonable short duration.

Although it's not required by law in Ontario that the parties to a marriage contract seek independent legal advice, it's a good idea.

Matrimonial Causes Act 1973 s. 2 (1) One party to a marriage shall not be entitled to rely for the purposes of s. 1 (2)(a) above on adultery committed by the other if, after it became known to him that the other had committed that adultery, the parties have lived with each other for a period... or periods exceeding six months.

(e) that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.

(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted; or

In order to begin the process of divorce one party to the marriage must present a petition for divorce on the grounds that the marriage has broken down irretrievably.

A marriage duly solemnised in England in the manner proscribed by the law of England between parties of full age and capable of contracting according to English law is valid although the parties to the marriage, being Foreigners, contracted it in England in order to evade the laws of the country to which they belonged and in which they were domiciled.