Sentences with phrase «written separation»

They may even prepare their own written separation agreement based on some models from the internet.
The couple must write a separation agreement, which is reviewed by the court.
There are programs that the Income Tax Act and Pension Benefits Act have in place to allow tax - free rollovers of RRSPs, RRIFs, and pensions where there is a court order or written separation agreement between the parties.
The child's parents are divorced or legally separated under a decree of divorce or separate maintenance, are separated under a written separation agreement, or live apart at all times during the last 6 months of the year.
Your parents are legally separated under a divorce decree or separate maintenance decree, or written separation agreement, or they lived apart at all times during the last 6 months of the year where they were not married.
I believe this to be either 1) a decree of divorce or written instrument incident (although it might just be a draft since no judge has seen it) or 2) a written separation agreement.
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.
Funds in RRSPs may be rolled over tax - free to ex-spouses if the parties are living apart and payments follow a written separation agreement, court order, decree or judgment.
A Columbus, Ohio, dissolution attorney will also put the final agreed - upon terms for dissolving the marriage in a written Separation Agreement that a judge will accept.
The court will usually accept a written separation agreement that details the spouses» preference.
In Virginia there is a six - month waiting period if the parties have no minor children together and have a written separation agreement but a one - year waiting period if they have minor children.
While you don't need a written separation agreement to get a divorce, it is a good idea to use one to set out the terms of your agreement with your spouse about child care, child support, or the division of matrimonial property.
These payments are deductible as long as they are made pursuant to a decree, court order or a «written separation agreement.»
In particular, spousal support is taxable income for the recipient and tax deductible by payor, provided it is pursuant to a written separation agreement or court order, while child support is neither taxable nor deductible.
The law leaves the decision about having a written separation agreement up to each individual couple.
In North Carolina, this means that you must be making a payment pursuant to a court order or written separation agreement.
While it is possible to write a separation agreement without seeking professional legal advice, it's recommended that you consult a lawyer before you sign.
In short — and provided it is paid pursuant to either a written separation agreement or a court order — it is considered «taxable income» in the hands of the spouse who receives it, and is deductible from the taxable income of the spouse who pays it.
If two consenting, well - informed people have come to an arrangement or settlement that works for them, they simply need one lawyer, acting for one of them, to prepare a written separation agreement and another lawyer to provide independent legal advice.
Thus, anyone can write a separation agreement.
Some people choose to separate in this manner to save the money it takes to maintain two households until they have resolved the issues involved in a written Separation Agreement.
A married couple who opts to live separately can still enter into a written separation agreement, but it will not become binding until the spouses either file for divorce, and the agreement becomes part of the divorce decree, or file for a judgment of separate maintenance.
In no - fault divorces, if the couple has no minor children and enters into a written separation agreement, the divorce may be granted after six months of living apart without cohabitation and interruption.
You must attach a written separation agreement that documents the terms of your divorce, including how you and your spouse plan to divide marital property, debts and child custody.
The husband and wife have lived separate and apart pursuant to a written Separation Agreement, which must be filed with the office of the county clerk where the parties reside before the requisite one - year separation period begins.
If you have large amounts of debt or significant assets, retain an attorney to help you prepare a written separation agreement so there is no confusion about each spouse's responsibilities will be.
In D.C., a written separation agreement is not needed to prove sufficient «mutual consent» (to invoke the six - month no - fault ground).
In Virginia, if there are no minor (under 18) children and the couple has a written separation agreement, after six months of sufficient continuous physical separation, without «cohabitation» (for marital - discord reasons, during which at least one of the spouses intended that the separation was other than a mere «trial separation»)- either party may file for divorce.
Actually, the Virginia provision does not expressly state that a written separation agreement is needed, but that is the way at least the vast majority of the judges and lawyers are interpreting the statutory language.
Establish a written separation agreement with your spouse on all relevant issues.
Trial separations are often «informal» and often there is no written separation agreement.
Generally almost every separation mediation or divorce mediation in Colorado will result in a written separation or divorce agreement.
Since Virginia does not provide for legal separation, you will either have to organize finances during the year apart under a written separation agreement or else go through a suit for separate maintenance that settles alimony and custody but leaves you married without assets divided between you.
In North Carolina, this means that you must be making a payment pursuant to a court order or written separation agreement.
If this is the case you should write a separation agreement.
You do not need an attorney to write a separation agreement; it can be done here in NJ through mediation.
You don't need to take legal advice when you write a separation agreement, but it's a really good idea to do so.
When the divorce court is processing your divorce decree, the judge will usually accept your written separation agreement on how you want to divide your property.
There is a pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2015 and:
At the end of the year, you and your husband still were not divorced, legally separated, or separated under a written separation agreement, so the rule for children of divorced or separated parents (or parents who live apart) does not apply.
In order for a legal separation to be recognized, both spouses must enter into a written separation agreement.
In November 1984, you and your former spouse executed a written separation agreement.
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