Sentences with phrase «spouse party to the agreement»

(1) A provision of a Part VIIIAB financial agreement that relates to the maintenance of a spouse party to the agreement or a child or children is void unless the provision specifies:

A provision of a financial agreement that relates to the maintenance of a spouse party to the agreement or a child or children is void unless the provision specifies:

Not exact matches

Can it be said that the outcome is not fair to one party or another, if the court holds the spouses to their ante-nuptial agreement?

If the parties enter a separation agreement that a supported spouse repudiates prior to court approval, would that supported spouse's post-agreement adultery bar him or her from receiving alimony?

Section 7 of Hong Kong's Matrimonial Proceedings and Property Ordinance («MPPO») sets forth the relevant factors to be considered by a court in resolving the financial issues between divorcing spouses, These factors do not include an agreement between the parties.

Where parties choose not to enter into a pre-marital agreement, the default regime de communaute legale, a community property regime, governs the legal relationship of the spouses.

Although neither spouse wants to believe the marriage will end, having a prenuptial agreement in place can protect assets, simplify the divorce process and reduce costs for both parties in the event that either party seeks to dissolve the marriage.

This can create momentously important issues when spouses who are parties to a non-Australian prenuptial or post-nuptial agreement relocate to Australia or if one spouse is of Australian nationality or there exists another basis for the Family Court of Australia to have jurisdiction over a potential divorce case.

A separation agreement can encompass as much or as little as the parties agree to, but the various possibilities include an agreement that the parties are separating by consent and a defining of each party's respective rights as to the division of their assets and liabilities, as well as in the event of a spouse's death.

The client's spouse issued financial proceedings in order to progress the financial settlement and set down a suitable timetable in order for the parties to gather their evidence that they wish to rely upon and help them reach an agreement.

For example, if one spouse is entering into the marriage with a multimillion dollar estate, it may be important for that spouse to frame with the help of a skilled prenuptial agreement attorney in Fairfax as how that estate will be handled in the event of divorce before the parties enter into a marriage.

A prenuptial agreement is an agreement created prior to getting married, that dictates various things in terms of what would happen if one of the spouses dies or if the parties separate and divorce later.

This makes it hard to advise parties contemplating marriage on the enforceability of any contemplated prenuptial agreement and to advise spouses considering divorce on whether such agreements will be enforced.

In mediation, you and your spouse agree to appoint a neutral third - party to help you reach an agreement.

In fact, the spouses, who each will have their own individual attorney, sign a participation agreement that states that their attorneys must withdraw if the parties can not come to an agreement.

Spousal support orders are made taking into consideration the condition, means, needs and other circumstances of each spouse, including each party's assets and means, the age and health of spouse, the length of time the spouses cohabitated, the functions performed by each spouse during cohabitation, and any order or agreement relating to support of either spouse.

This is a condition of all collaborative family law agreements that encourages spouses to work together to reach an agreement that is fair and satisfactory to both parties, without the threat of court.

In addition, on application by either spouse, the court will make an order for support that mirrors the Child Support Guidelines, regardless of what the parties previously agreed to in their separation agreement, unless special provisions have been made for the child support which are in the best interests of the child, and the court agrees that the special provisions are in the best interests of the child.

-- The prenup is not in writing: For a prenuptial agreement to be valid, it must be a written document, witnessed by outside parties — At least one party provided false information: The inclusion of untruthful information or even incomplete information will render a prenuptial agreement invalid — Pressure, duress or coercion: If one party forces the other to sign a prenuptial agreement, regardless of whom the document most benefits, it will be invalid — The prenup was not read: If one or the other spouse does not read the prenuptial agreement, it is possible the document could be challenged — Improper execution: To be valid, the agreement must be read and signed by both parties before the marriage occurs — Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the partito be valid, it must be a written document, witnessed by outside parties — At least one party provided false information: The inclusion of untruthful information or even incomplete information will render a prenuptial agreement invalid — Pressure, duress or coercion: If one party forces the other to sign a prenuptial agreement, regardless of whom the document most benefits, it will be invalid — The prenup was not read: If one or the other spouse does not read the prenuptial agreement, it is possible the document could be challenged — Improper execution: To be valid, the agreement must be read and signed by both parties before the marriage occurs — Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the partito sign a prenuptial agreement, regardless of whom the document most benefits, it will be invalid — The prenup was not read: If one or the other spouse does not read the prenuptial agreement, it is possible the document could be challenged — Improper execution: To be valid, the agreement must be read and signed by both parties before the marriage occurs — Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the partiTo be valid, the agreement must be read and signed by both parties before the marriage occurs — Gross unfairness: While a prenuptial agreement gives the couple a great deal of flexibility in how they establish financial rights, the court may decide not to enforce the prenup if it is grossly unfair to one of the partito enforce the prenup if it is grossly unfair to one of the partito one of the parties

If this is not possible, the parties should include provisions in a separation agreement that detail the responsibility of each spouse for joint debt and the appropriate course of action if a spouse fails to fulfill payment obligations.

Given that the mother was no longer a stay - at - home spouse and had nearly acquired the status of autonomy — which was again a change in circumstances, as defined by the parties» separation agreement — the court fixed the father's spousal support obligation in a declining fashion, so as to allow the mother to attain her full autonomy within the next five years.

When determining whether to vary a spouse's support obligations, the court must consider the terms of a separation agreement and the extent to which it still reflects the original intention of the parties, as well as the objectives of the Divorce Act, including the principle that both parties require finality.

Once you are separated from your spouse, it is preferable that that parties attempt to negotiate a separation agreement.

Under both federal and state income tax rules, alimony will be deductible by the payor spouse, and is taxable to the receiving spouse, provided that: (1) the payments are in cash and not in kind; (2) the payments are made incident to divorce or to a separation agreement; (3) the parties have not designated the payments as non-alimony; (4) the parties are not living in the same household; and (5) the payor has no liability for payment after the death of the payee spouse.

Barring a court order or agreement between the parties, both parties have a right to equal possession of the matrimonial home; even if the home is only in one spouse's name.

One method is «mediation» in which a mediator (neutral third party specially trained to work in divorce cases) facilitates face - to - face negotiations between divorcing spouses and helps them work out mutual agreements.

The trustees sought a court determination of the correct interpretation of the scheme rules relating to spouses» benefits and the proceedings were resolved by agreement between the parties

In conclusion, it is important to note that if either you or your spouse does not wish to abide by your separation agreement, it may be negotiated and altered by agreement of the parties.

The recent Ontario decision of Cramer v. Cramer serves as yet another lesson on why it's a bad idea: disputes often arise, both spouses end up having to hire lawyers anyway, and it takes a judge to re-draft the agreement to bring it in line with the law and the parties» true wishes.

Mediation can save money and time, and also preserve any goodwill there is left between the parties, as the process necessarily requires the spouses to work together in crafting a mutually agreed upon marriage settlement agreement.

A prenuptial agreement or a postnuptial agreement is a contract between spouses that allows the parties to limit exposure to courts and litigation drafted by NYC prenuptial agreement lawyers.

An Ontario court recently considered a spouse's request to reduce the child support and spousal support obligations that had been set out in the parties» separation agreement.

For example, as was seen in Ward v. Ward, under the Family Law Act a court has the power to potentially set aside a negotiated separation agreement in cases where there has not been full disclosure by a spouse; a sworn Financial Statement from both parties therefore amounts to a relatively easy way to ensure that there has been full disclosure.

On this approach, the decision parties made prior to creating embryos would be binding, unless spouses jointly agreed to update their consent form or agreement at a later point in time.

In each of these contexts, the law recognizes that agreements between spouses or between a pregnant woman and third parties ought not to be treated the same as other contracts, because of the nature of these agreements and the circumstances in which they were created.

In theory, using agreements to resolve disputes would also mean that neither party would be forced to dispose of their embryos in a manner that they had not previously contemplated; spouses would have been aware precisely of what would happen to their embryos should certain events arise and couples would have been in a position to negotiate at that time what they felt would be the most appropriate manner to resolve any future disputes.

If these agreements are legally enforceable then they may enable parties to contract around the right to revoke consent and allow for embryos to be used for reproduction or be donated, even in the event one spouse changes his or her mind.

The Parenting Plan may be a Full Joint Parenting Plan, when both spouses agree to everything and the plan is signed by both parties; a Partial Joint Parenting Plan, when the parties are not in complete agreement about all elements of the plan but both sign it; or a Parenting Plan prepared by one party, when the parties can not agree.

At the hearing, the judge will make sure that you and your spouse agree on everything and that the separation agreement is not unfair to either party.

All parties hope that Prenuptial Agreements will be tucked away in a drawer, never to be used again, but they can save both spouses a lot of heartache, time, and money as Prenuptial Agreements tell the court what the parties want in the event of divorce.

During the divorce process, the court and individual spouses» attorneys ask both parties to sign agreements,...

In fact, the spouses each sign a «participation agreement» which contractually bars the collaborative attorneys from engaging in poisonous litigation (if a party wants to engage in a court battle, he or she can not use the collaborative lawyer to do so).

During the divorce process, the court and individual spouses» attorneys ask both parties to sign agreements, petitions and affidavits.

Washington law and the Washington court system encourage spouses to attend mediation, which involves a neutral third party who helps the spouses resolve their differences regarding child custody, spousal support or other issues so that they can reach agreement.

Draft a first paragraph providing preliminary information about you and your spouse as parties to the agreement.

New York does not permit spouses to use their prenuptial agreement to sign away the rights of third parties, especially those of children.

Many jurisdictions now require divorcing couples to avail themselves of a mediator, a neutral third party, who helps the spouses find their way to agreement on one or more issues.

When you're negotiating and preparing your property settlement agreement, it's important to remember that it binds only you and your spouse, not third parties.

Once the other spouse has filed his response, the two parties attempt to reach an agreement regarding division of property, custody rights and whether either spouse will provide spousal or child support.

Write your name and the name of your spouse, and identify the two of you as the parties to the separation agreement.