Sentences with phrase «spouse upon a separation»

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

I should say that I don't see any problem with a prenuptial agreement that sets out clearly defined tangible obligations on the part of spouses upon separation, even if those obligations are assumed because of personal religious beliefs.

Spousal support is based upon numerous factors such as the means and needs of the spouses upon separation, their ages, education and employability, the length of the marriage, the roles...» Read this article

Child support may be available to a spouse upon a separation of spouses to two separate households.

Not exact matches

First, Arizona Revised Statute Section 25 - 327 (B) provides that, unless the Decree of Dissolution of Marriage or Decree of Legal Separation indicates otherwise, an award of spousal maintenance terminates upon the death of either party or upon remarriage of the spouse receiving the spousal maintenance.

A proper BC marriage agreement or prenuptial agreement as they say in the U.S. is the best thing you or your spouse can do to avoid court litigation and spending thousands of dollars on legal fees upon separation.

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.

But even though these states do not recognize legal separation, a separation agreement can still help organize what you and your spouse agree upon in terms of how assets and liabilities will be allocated, how child support and support claims will be arranged, and how property will be divided.

Common - law spouses are not subject to equalization but may make a claim on assets upon separation based on trust principles.

From a theoretical / policy - based viewpoint, it perhaps stands in stark contrast to a decision of the Supreme Court of Canada a few weeks ago which ruled that under Quebec Family Law, it is not unconstitutional for common - law spouses to be given different rights from married couples in connection with certain specific rights arising from support upon separation.

Upon separation, both married spouses have an equal claim to possession of the matrimonial home.

Thus, a spouse who has committed adultery may not be entitled to receive spousal support upon separation (but can receive APL in the exact same amount once a divorce action is filed).

These contracts set out the rights and obligations of you and your spouse during your relationship and / or upon a separation.

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.

One year after the filing of the Court's judgment of separation, either spouse may sue for a «no - fault» divorce, based upon one year of living apart.

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.

However, it is important to note the differences between married and unmarried spouses and the impact it will have when dividing property acquired during your relationship upon separation.

A divorce agreement, also known as a settlement or separation agreement, is where spouses outline the mutually agreed - upon terms of their divorce.

If alimony was set through a separation agreement that allows for termination upon cohabitation, you may be able to stop paying and then raise cohabitation as a defense when your former spouse sues you for breach of the agreement.

In a case where things are relatively friendly, many times I prepare a Separation Agreement based on what my client and his or her spouse have agreed upon.

Review the separate maintenance or legal separation agreement forms to be certain that you have addressed and agreed upon all requisite issues with your spouse.

Divorce mediation is a collaboration between yourself, your spouse and a neutral divorce mediator to create a mutually agreed upon separation agreement which outlines the future of your lives apart.

Either way, the court will grant a decree of separation, which is binding upon both you and your spouse.

When using mediation, this separation agreement will be a mutual and collaborative document that outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.

Upon contemplation of separation, you and your spouse need to work out the immediate issues concerning the children.

If you and your spouse can agree to the terms of your separation in a written agreement, the state considers it binding upon both of you.

The end product of your divorce mediation process is your Separation Agreement - a legal, collaborative document which outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.

Often times as well, a spouse can be accused of «abandonment» of the marital home upon moving out which can effect their custody rights in a separation or divorce.

When the divorcing couple has agreed to the terms of their separation, both spouses meet jointly with both attorneys to explain what has been agreed upon.