Rule 34 and Divorce Settlement Gridlock
One of the better ways of resolving a divorce is through a negotiated settlement agreement. Simply put, this involves the clients and their attorneys sitting down and trying to reach agreement on the various issues in dispute. These disputed issues usually revolve around who gets what, as well as around contact, residency and cost issues relating to childen born from the marriage. During the divorce settlement process, there may be a situation where one person (known as the plaintiff) refuses to accept a settlement offer made by the other person (known as the defendant). The person who...
Read MoreDivorce Settlement Agreements: Protecting Pension Funds
While divorce settlement agreements are sticky at best, and horrifically complicated at worst, understanding your rights to certain assets during the divorce procedure is critical. One of the most important assets to consider are pension funds – the loss of which can leave either party extremely vulnerable. The pension interest of a party is deemed to be part of his or her assets, in the determination of patrimonial benefits to which the parties to a divorce action may be entitled – as is stated in section 7(7) of the Divorce Act. Whilst this may seem a simple proposition, it has led to...
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