Sentences with phrase «property upon a divorce»

For example, in many states, property owned by one party before the marriage was commenced is not subject to division as marital property upon divorce and often the right to alimony following a short marriage that does not produce children is quite modest.

An interesting question arose in a recent Ontario case: Should a wife get an unequal share in the division of family property upon divorce, based on the fact that the husband had extra-marital affairs?

The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

Conscientious reporters are taking the necessary When you get married, the property that you combine or acquire during the marriage is called marital property and subject to division upon divorce.

In these states, married couples who obtain property usually own it jointly, which means it would be divided upon divorce or other dissolution of the marriage.

Depending upon the custodial agreement, the custodian could follow the court's ruling, wherein the divorce decree may declare that all marital property is split as indicated and named in the document, with no other splitting to be done.

Our Vancouver Divorce Lawyers explain that spouses generally get 50 % of all family property upon marriage break down as per the BC Family Law Act, unless it would be significantly unfair to divide them 50/50.

Unless a fair and reasonable division of property can be agreed upon, Oregon law states that a couple must divide their property under the principle of equitable distribution in a divorce.

The judge reviews these elements because he or she must have an accurate understanding of what property you each have, how much it is truly worth, and what kinds of financial considerations you face upon divorce.

On the transactional side, we serve as consultants to law and accounting firms to provide tax counsel regarding matters as varied as, for example, business succession plan structures, corporate mergers, acquisitions and reorganizations, and tax - efficient structuring of property settlement agreements upon divorce.

Those claims are, in the most part, set out in the Matrimonial Causes Act 1973 (MCA 1973), which enables the court, upon divorce, to make a number of different types of order, ranging from lump sum and property adjustment orders through to pension sharing and maintenance orders.

Typically, a prenup with (1) limit the rights of the less affluent spouse in a property division upon divorce, (2) limit the less affluent spouse's inheritance rights, (3) limit the less affluent spouse's right to maintenance (a.k.a. alimony) upon divorce or legal separation, and (4) limit the less affluent spouse's rights to attorneys» fees in the event of a divorce.

Of course, a couple's property and debts will be divided upon divorce, whether or not they decide to create a prenuptial agreement.

Full disclosure is important to obtain a fair and reasonable share in the property division upon divorce.

This document addresses any assets owned by either or both parties and identifies properties exempted from the property division upon divorce.

Property division, spousal support, child support and the parenting plan and timesharing schedule all need to be agreed upon before a divorce can be finalized with the court.

how property will be divided between the spouses upon separation, divorce, or death of either spouse

When valuing a business for purposes of division upon divorce, all states agree that the hard assets and liabilities of the business are marital property.

If you are gay and married, the usual areas of law would apply to you upon divorce: matrimonial property division, spousal support, and divorce.

Property is to be divided equitably between the parties upon divorce.

There is an interaction between the probate laws that govern the distribution of property upon death, and the marital property laws that govern distribution of property between divorcing spouses.

Upon the entry of a divorce decree, entireties property converts to a different form of ownership in which each spouse owns a 50 percent share if they have not made an agreement or litigated in court to resolve their property ownership.

A judge might not grant your divorce unless you and your spouse have decided and agreed upon spousal maintenance, child support, child custody, the division of property, and several other issues, as well as following the correct Arizona divorce process.

Prenuptial agreements may determine which property and debts should be divided upon divorce, which property should be excluded, which property should be excluded from the probate estate when one of the spouses dies, whether alimony should be paid upon divorce or separation and if so, how much and how long.

The type of regime will be determinative of how property is divided upon divorce, as well as impacting upon issues of bankruptcy and inheritance.

If your divorce application includes agreed - upon arrangements for child or spousal support but not division of property, you will need to file a Form 13: Financial Statement.

Upon divorce, and during a separation (in fact) of the spouses prior to a divorce, a Court can enter orders regarding property division or maintenance (and child support, if relevant) if the husband can be served with process, and as to any property that the Court can gain control over.

This form would follow the filing of the divorce complaint and tells the judge the specifics of how the marital property will be divided, agreed - upon amounts for child support and alimony, as well as indicating that the parties meet the Washington residency requirements.

In such a system, almost all properties and liabilities acquired during marriage are considered marital property and are split evenly upon divorce.

It typically involves limitations on a spouse's rights to property, support, and inheritance upon divorce.

Because California is a community property jurisdiction, upon divorce, each spouse is entitled to half of all...

This differs from states that split marital property 50/50 upon divorce and relies more on factors relevant to both spouses when dividing assets and liabilities.

As such, it presumes that any property spouses acquire during their marriage is community property - the property of both spouses - and divisible upon divorce.

The way property is divided in divorce depends upon the state in which you live.

Because Arizona is a community property state, family law courts generally distribute marital assets equally among spouses upon divorce.

Without a prenuptial agreement upon separation by death or divorce, the court separates all of the marital property evenly.

The Agreement defines what the parties think would be fair and reasonable — it gives them the opportunity to decide for themselves what will happen to marital property upon the death of either spouse or divorce.

A prenuptial agreement is an agreement between you and your potential spouse that describes how you would like your property distributed upon divorce.

The court may require the spouse to bring certain documents, such as the divorce decree signed by both spouses, property division agreement, agreed upon parenting plan, lists of how debts will be divided between the spouses, and completed child support worksheets.

If a married person does not want to divide his inheritance upon divorce, he may keep it entirely separate from community property.

A large number of couples using online divorce are pro se filers who feel comfortable filing for divorce without hiring a lawyer, since all issues regarding property, debt, alimony / spousal support, custody, child support, and visitation have been agreed upon.

In divorce proceedings, spouses can agree upon the division of property, child - custody rights and financial support responsibilities, or they can enter into a court proceeding in which a judge rules on these challenging issues.

Speaking very generally, marital property is usually divided upon divorce regardless of the name on the title.

Property subject to division upon divorce includes real estate, bank account funds, personal property and retirement accounts such as a Property subject to division upon divorce includes real estate, bank account funds, personal property and retirement accounts such as a property and retirement accounts such as a 401 (k).

This is equivalent to hiding them in the eyes of the court, so attempting to shelter assets from a property distribution upon divorce will result in severe penalties if discovered.

In community property states, marital property is owned equally by both spouses and courts will generally divide that property equally upon divorce.

A premarital agreement allows a couple to predetermine property and financial issues during marriage, upon the death of a spouse or in the event of divorce.

Same - Sex Couples Family Law Issues Parental alienation, marriage and domestic contracts, spousal support, child support, custody arrangements co-parenting agreements, adoption orders to secure parental recognition, division of family property upon separation, gay and lesbian divorce, second parent adoption

In the state of New Jersey, marital property is divided equitably between the parties upon divorce.