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Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions [ 1 ] and such orders can be made to have world-wide effect.
There are no “joint” retirement accounts, but assets within these accounts may still be divided during a divorce. This often happens when one person has more in retirement savings than the other.
These accounts should be dealt with during the divorce proceedings. In some cases, a qualified domestic relations order will be put in place to govern the division of these assets with the non ...
Asset freezing – Legal process preventing a defendant from moving their assets beyond a court's jurisdiction (Mareva injunction) Burden of proof (law) – Obligation on a party to prove their case; Civil law (common law) – Branch of English common law; Court of equity – Court authorized to apply principles of equity to cases
The Uniform Marriage and Divorce Act §307 (UMDA §307) [3] also allows for the equitable distribution of property and lists factors the court should consider, e.g. "the duration of the marriage, and prior marriage of either party, antenuptial agreement of the parties [which is the same as a prenuptial agreement or premarital agreement], the ...
Continue reading → The post How to Protect Trust Assets From a Beneficiary's Divorce appeared first on SmartAsset Blog. Trusts can be a useful estate planning tool for passing on wealth to heirs ...
A divorce settlement entails which spouse gets what property and what responsibilities once the marriage is over. "It deals with child custody and visitation, child support, alimony, health and life insurance, real estate, cars, household items, bank accounts, debts, investments, retirement plans and pensions, college tuition for children, and other items of value, such as frequent flyer miles ...
Divorce mediation is an alternative to traditional divorce litigation that attempts to help opposing spouses find common ground during the divorce process. [ 81 ] [ 82 ] In a divorce mediation session, a mediator facilitates the discussion between the spouses by assisting with communication and providing information and suggestions to help ...