Sentences with phrase «separation agreements do»

Separation agreements don't just deal with money and custody.

So my question is, Can a solicitor (in Australia) challenge a binding separation agreement they don't agree with?

The separation agreement did not address my pension nor my CPP.

When you initially execute your Marital Separation agreement you do not have to file the Agreement with the Court to be effective.

While a national or international business client had very good reason to want harmonized legal service from coast to coast, Sue and Bob Smith in Nanaimo who needed a real estate conveyance or a separation agreement didn't care one whit if the firm providing the service offered the same thing to Sergio and Theresa Ambrosino in Burlington, because the service was intrinsically local in nature.

The reasons above are only a sample of why it is well worth it to hire a lawyer to have a separation agreement done and signed even if you and your spouse are able to work out most or all of the terms yourselves.

Some of our customers already have one, and others don't need it, but for those who want one we provide a comprehensive legal separation agreement do - it - yourself kit at no extra cost.

Remember, a separation agreement does not end your marriage - only a divorce can do that.

In contrast to divorce, however, a separation agreement does not legally dissolve a marriage and the spouses may reconcile at any point in the future.

Where a separation agreement does not ensure that the best interests of the child are met, it may be set aside.

The separation agreement doesn't mean that the couple is divorced.

Although the legal separation agreement is enforceable under contract laws (just like any other contract), a legal separation agreement does not have the «teeth» of a Stipulation of Settlement (the agreement filed with a NY divorce).

Therefore, in New Jersey, a legal separation agreement doesn't exist as such — there is no filing for a legal separation agreement.

A skilled mediator can ensure the language used in your separation agreement does not negate your right to seek alimony after the divorce is final.

Not exact matches

The separation, which does not require a shareholder vote, remains subject to market conditions, customary regulatory approvals, an affirmative ruling from the US Internal Revenue Service, the execution of separation and intercompany agreements, and final board approval.

Under the tax indemnity and sharing agreement, we will have the ability to engage in certain otherwise prohibited transactions, such as additional stock issuances or stock repurchases during the restricted period, provided we first deliver to EHI a tax opinion acceptable to EHI that doing so will not adversely affect the tax - free treatment of the separation.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses, the risk that the transactions with Microsoft and Pearson do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion contemplated by the relationship with Microsoft, including that it is not successful or is delayed, the risk that NOOK Media is not able to perform its obligations under the Microsoft and Pearson commercial agreements and the consequences thereof, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the effect of the proposed separation of NOOK Media, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, possible disruptions in Barnes & Noble's computer systems, telephone systems or supply chain, possible risks associated with data privacy, information security and intellectual property, possible work stoppages or increases in labor costs, possible increases in shipping rates or interruptions in shipping service, effects of competition, possible risks that inventory in channels of distribution may be larger than able to be sold, possible risks associated with changes in the strategic direction of the device business, including possible reduction in sales of content, accessories and other merchandise and other adverse financial impacts, possible risk that component parts will be rendered obsolete or otherwise not be able to be effectively utilized in devices to be sold, possible risk that financial and operational forecasts and projections are not achieved, possible risk that returns from consumers or channels of distribution may be greater than estimated, the risk that digital sales growth is less than expectations and the risk that it does not exceed the rate of investment spend, higher - than - anticipated store closing or relocation costs, higher interest rates, the performance of Barnes & Noble's online, digital and other initiatives, the success of Barnes & Noble's strategic investments, unanticipated increases in merchandise, component or occupancy costs, unanticipated adverse litigation results or effects, product and component shortages, risks associated with the commercial agreement with Samsung, the potential adverse impact on the Company's businesses resulting from the Company's prior reviews of strategic alternatives and the potential separation of the Company's businesses (including with respect to the timing of the completion thereof), the risk that the transactions with Pearson and Samsung do not achieve the expected benefits for the parties or impose costs on the Company in excess of what the Company anticipates, including the risk that NOOK Media's applications are not commercially successful or that the expected distribution of those applications is not achieved, risks associated with the international expansion previously undertaken, including any risks associated with a reduction of international operations following termination of the Microsoft commercial agreement, the risk that NOOK Media is not able to perform its obligations under the Pearson and Samsung commercial agreements and the consequences thereof, the risks associated with the termination of Microsoft commercial agreement, including potential customer losses, risks associated with the restatement contained in, the delayed filing of, and the material weakness in internal controls described in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 27, 2013, risks associated with the SEC investigation disclosed in the quarterly report on Form 10 - Q for the fiscal quarter ended October 26, 2013, risks associated with the ongoing efforts to rationalize the NOOK business and the expected costs and benefits of such efforts and associated risks and other factors which may be outside of Barnes & Noble's control, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended May 3, 2014, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

So the long and the short of the story is this: a self - executed document is not considered a valid separation agreement as one party can always claim they didn't understand the terms, and weren't given the opportunity to seek legal or financial advice.

«This almost always has to be done after the separation agreement is signed, and not usually at retirement,» says Numerow.

The exception for qualified domestic relations orders (QDROs) does not apply (although a special rule applies to a tax - free transfer made directly to an IRA of a spouse or former spouse as part of a divorce or separation agreement).

Do we each need to have lawyers in order to get a binding separation agreement?

Without independent legal advice, you may find that your separation agreement is not valid and does not stand up in a court of law should you need to enforce or change something in the future.

Court protection is also extended to debts that resulted from a divorce or separation agreement and the ex-spouse doesn't need to file a complaint in order to protect this type of debt from being discharged.

§ 523 (a)(15)-- Debts owed to a former spouse pursuant to a marital separation agreement, but which do not qualify as Domestic Support Orders.

Alternately, if assets are transferred to an ex-spouse as part of a Family Court Order or legal separation agreement before you file for bankruptcy (assuming not done fraudulently) then these assets are no longer available for your creditors in the bankruptcy.

Ted Michalos: It doesn't matter»cause the bank wasn't party to your separation agreement, the bank approved the two of you to borrow the money.

Placide kept the money, however, maintaining that she didn't have to give it to Dorsey under the separation agreement.

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.

However, the case was appealed and while the appeal court ultimately decided that the separation agreement was void as against public policy, it also noted that courts needed to use caution in finding contracts to be void as contrary to public policy so that the doctrine does not «unduly impinge on the basic right to enforce engagements freely and voluntarily made.»

If you don't have a Separation Agreement, the same rules apply.

on Does wife's alleged prior infidelity invalidate a separation agreement incorporated into a final decree of divorce?

If you and your spouse do not have a lawyer on each of your sides to provide independent legal advice and confirm your prenuptial agreement, you may as well not enter a prenuptial agreement because you will be guaranteed at the time of separation if there are any issues, your spouse can come back and say they had no idea what they were getting in to legally, did not have independent legal advice and the prenuptial agreement is as good as dead.

While Virginia does not require that separation agreements be in writing, it is wise to capture the agreed - upon terms in a written document signed by both parties so that there are no later disputes about what was agreed upon initially.

What they do need are wills, help negotiating with a creditor, a template for a separation agreement or advice on a real estate purchase.

[53] In Miglin, the court determined that just because one portion of a separation agreement fails to substantively comply with the objectives of the Divorce Act does not necessarily mean the entire agreement must be set aside: «[f] or example, if it appeared inappropriate to enforce a time limit in a support agreement, the quantum of support agreed upon might still be appropriate...» (Miglin at para 86).

If you have questions about separation agreements or would like a recommendation to an attorney that can help you, please do not hesitate to contact us.

A separation agreement is a legally enforceable contract, that must always be in writing, and typically does not have an expiration date.

For couples who want to separate but do not yet have grounds for divorce, we can help you formalize a separation agreement as either the first step toward divorce or as a long - term solution.

The change doesn't affect people who divorce or sign a separation agreement before 2019, according to reports.

You do not have a separation agreement or court Order allowing you to collect child or spousal support after death.

Separation agreements negotiated «on the courtroom steps» when counsel don't have their precedents with them are another frequent source of claims against lawyers, says Sheps.

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.

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.

Telfer v Henry Estate 2013 ONSC 303, involves a situation where the court imposed a constructive trust on the insurance proceeds of the deceased, who had entered into a separation agreement with his former spouse agreeing to pay child maintenance, but failed to do... Read more

See Moseley [v. Mosier, 279 S.C. 348, 351, 306 S.E. 2d 624, 626 (1983)-RSB-(«[F] amily courts have continuing jurisdiction to do whatever is in the best interests of the child regardless of what the separation agreement specifies.»).

However, if the couple has minor children or does not have a separation agreement, then the waiting period is one year.

Even if the Nixon firm had enlightened him as to the effect that the separation agreement would have had on his estate plan, he might have opted to do nothing.

When both parties want the court to do the same thing, such as «dissolve a marriage» due to an irretrievable breakdown (no - fault) and approve a separation agreement (uncontested), the parties jointly request (by joint petition) the court to grant the divorce.

If you are concerned about the enforceability of your separation agreement, it is best for you to obtain legal advice, and encourage your ex to do the same.