Division is a method of tallying votes in a meeting or election, which can be done through raising hands, standing up, or vocalizing “aye” or “nay”. Occasionally, a complex question is divided into smaller parts for separate voting. In the event of a tie, the chairperson may cast the deciding vote. A legal vote adheres to the rules and is cast by an eligible voter, while an illegal vote violates the rules or is cast by an ineligible voter.
Division in a parliamentary setting can involve a counted vote or the splitting of a long or complex motion into smaller, independent motions. For example, a show of hands can be used for a counted vote, and complex motions can be divided into smaller parts for easier consideration. These examples demonstrate how division is utilised in parliamentary settings to ensure accurate vote counting and proper consideration of complex motions.
Division in the legal context refers to the process of dividing assets, liabilities, and responsibilities between parties, typically in the context of a divorce or dissolution of a partnership or business.
Property division in a divorce is typically based on the principles of equitable distribution or community property, depending on the jurisdiction. This means that assets and debts acquired during the marriage are divided fairly or equally between the spouses.
Yes, division of property can be negotiated between the parties involved. They can reach a settlement agreement through mediation or negotiation, which can then be approved by the court.
Factors considered in property division include the length of the marriage, each party’s financial contributions, the value of each party’s separate property, the earning capacity of each spouse, and the needs of any children involved.
In general, division of property cannot be modified after a divorce is finalized. However, certain circumstances such as fraud, mistake, or significant changes in financial circumstances may warrant a modification.
Debts acquired during the marriage are typically divided between the spouses in a divorce. The division may be based on each party’s ability to pay or may be divided equally, depending on the jurisdiction.
Yes, division of debts can be negotiated between the parties involved. They can agree on how to divide the debts, which can then be included in the divorce settlement agreement.
Jointly owned property is typically subject to division in a divorce. It can be sold, with the proceeds divided between the parties, or one party may buy out the other’s share.
In a business dissolution, the division of assets is typically governed by the terms of the partnership agreement or operating agreement. If there is no agreement, the assets may be divided based on each partner’s ownership interest or through negotiation.
Yes, division of assets in a business dissolution can be challenged if there are allegations of fraud, breach of fiduciary duty, or other misconduct. It is advisable to consult with an attorney to understand the specific legal options available in such cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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