Sentences with phrase «agree in a separation agreement»

Dorsey fired Placide, and she agreed in the separation agreement to repay nearly $ 51,000 to Dorsey.

The parties may also agree in a separation agreement that the tax deduction and the taxable income aspects of alimony law shall not apply.

Alternatively, a husband or wife may agree in a separation agreement or property settlement agreement to pay the mortgage in lieu of paying support until the property is sold or refinanced at some point in the future when values increase, and then begin paying support to the other spouse or former spouse.

The parties may also agree in a separation agreement that the tax deduction and the taxable income aspects of alimony law shall not apply.

Not exact matches

Potdevin reached a separation agreement with the company that will see him receive $ 3.35 million in cash, plus a further $ 1.65 million paid in monthly instalments over 18 months, while agreeing not to sue the company and co-operate with it in the future.

In a separation agreement with his former wife Carneice, he agreed to pay alimony of $ 110,000 a year until either spouse's death or Carneice's remarriage.

YLaw's latest court success in challenging and changing a consent Order has yet again set precedent for how spousal and child support will be treated despite couples agreeing to them in a separation agreement or a consent order.

One case that appeared to provide some guidance (although it involved the enforceability of an indemnity provision, not a confidentiality provision) considered a separation agreement in which a wife agreed to indemnify her husband for 50 per cent of any payment he might be required to make in the future in respect of retail sales tax liability that he had failed to declare.

In the written separation agreement, he agreed to pay his wife $ 40,000 in sixteen monthly installments of $ 2,500 and the parties waived each's right to spousal supporIn the written separation agreement, he agreed to pay his wife $ 40,000 in sixteen monthly installments of $ 2,500 and the parties waived each's right to spousal supporin sixteen monthly installments of $ 2,500 and the parties waived each's right to spousal support.

This can be dealt with by means of agreeing on an appropriate figure, which can then be reflected in a Separation Agreement.

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.

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

A separation agreement can encompass as much or as little as the parties agree to, but the various possibilities include an agreement that the parties are separating by consent and a defining of each party's respective rights as to the division of their assets and liabilities, as well as in the event of a spouse's death.

[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 86In 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 86in a support agreement, the quantum of support agreed upon might still be appropriate...» (Miglin at para 86).

They may also agree that if there are divorce or dissolution proceedings in the future they will be dealt with amicably and on the same terms as the separation agreement.

These can be agreed upon in principle in a separation or property settlement agreement or decided and modified by a judge of a Juvenile and Domestic Relations District Court or Circuit Court in Virginia.

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.

In uncontested divorces, the parties agree to all matters, and present an executed separation agreement to the court for approval.

In addition, on application by either spouse, the court will make an order for support that mirrors the Child Support Guidelines, regardless of what the parties previously agreed to in their separation agreement, unless special provisions have been made for the child support which are in the best interests of the child, and the court agrees that the special provisions are in the best interests of the chilIn addition, on application by either spouse, the court will make an order for support that mirrors the Child Support Guidelines, regardless of what the parties previously agreed to in their separation agreement, unless special provisions have been made for the child support which are in the best interests of the child, and the court agrees that the special provisions are in the best interests of the chilin their separation agreement, unless special provisions have been made for the child support which are in the best interests of the child, and the court agrees that the special provisions are in the best interests of the chilin the best interests of the child, and the court agrees that the special provisions are in the best interests of the chilin the best interests of the child.

In contested divorces, the parties are adversarial, they can not agree to a separation agreement.

In the eyes of the creditor, you may be liable to repay a debt owing to them even if your spouse agreed to pay it in the separation agreemenIn the eyes of the creditor, you may be liable to repay a debt owing to them even if your spouse agreed to pay it in the separation agreemenin the separation agreement.

Many other cases have agreed that language contained in a separation agreement waiving «all interests» in the other spouse's IRA is not sufficient to divest the spouse of a survivor rights.

Uncontested Divorce: In an Uncontested Divorce both spouses do agree and have signed a separation agreement to resolve all issues surrounding their Divorce.

If support is decided outside the court in a Separation Agreement then a Separation Agreement can include whatever payment terms the parties agree upon.

If you have agreed in a domestic contract or separation agreement on an amount and duration of spousal support, you may have specified in that agreement what types of changes in circumstances will allow for a change in support, and what types of changes will not.

In the event that you and your spouse can not agree on some or all of the items in a separation agreement, you can contact a mediator or retain separate lawyers in order to help you resolve your differenceIn the event that you and your spouse can not agree on some or all of the items in a separation agreement, you can contact a mediator or retain separate lawyers in order to help you resolve your differencein a separation agreement, you can contact a mediator or retain separate lawyers in order to help you resolve your differencein order to help you resolve your differences.

In order to get the matter behind him, the manager agrees that Stephanie will be allowed to sign a routine separation agreement and mutual release, and to receive two weeks» severance pay, half of the amount to which she would have been entitled under the company policy.

In an earlier post, I explained why it is important to have a lawyer for a separation agreement even if the two parties have agreed on everything.

A recent BC Court of Appeal case of Harras v. Lhotka allowed an appeal by a husband of a decision using his 3 year average of income instead of the 5 year average agreed to in a separation agreement.

Once it's agreed upon, the separation agreement is filed with the specific clerk in the New York County where the couple resides.

For example, a separation agreement that you and your spouse agreed to privately is not enforceable in court.

In the separation agreement, the husband agreed to pay to wife $ 6,000 a month in spousal support with the following conditioIn the separation agreement, the husband agreed to pay to wife $ 6,000 a month in spousal support with the following conditioin spousal support with the following condition:

As part of a separation agreement reached in 2007, she agreed to pay the man temporary spousal support of $ 2,000 per month, and she also paid the first - and - last month's rent (totalling about $ 2,500) on the new accommodations he was renting.

If parties mediate or collaborate, they can agree to a Date of Separation other than the date one of them moved out, but lacking agreement and until the law is changed, someone must vacate the family residence in order to establish a Date of Separation.

If you can't agree on a parenting plan with your spouse in conjunction with your separation agreement, you'll have to let a judge decide these issues for you, if you want Florida's family court to have jurisdiction to enforce it or settle disputes.

A separation agreement is a detailed contract in which the parties agree to live separate and apart for the rest of their lives.

The court recognizes the date a separation agreement is entered into and finalized by the parties, any other mutually agreed - upon date specified in such an agreement, or any other date the court decides is fair and equitable after testimony is taken and evidence is presented.

Even though you and your spouse are ready to file for divorce and agree as to how you will settle all the issues in your marriage, you may still need to have a Separation Agreement.

In a case where things are relatively friendly, many times I prepare a Separation Agreement based on what my client and his or her spouse have agreed upon.

If you are able to settle the issue of what will happen to your home when you divorce, your divorce lawyer will include the option you agree on in your Separation Agreement.

However, in the meantime you can work on negotiating a Separation Agreement if your husband or wife agrees to do so.

If you are able to agree, then your Separation Agreement would spell out the details of the payment or waiver if you agree that alimony is not fair in your circumstances.

In 2005 the parties entered into a separation agreement, whereby the parties agreed that neither would pay child support in accordance with the Child Support GuidelineIn 2005 the parties entered into a separation agreement, whereby the parties agreed that neither would pay child support in accordance with the Child Support Guidelinein accordance with the Child Support Guidelines.

If you and your spouse can agree to the terms of your separation in a written agreement, the state considers it binding upon both of you.

If one spouse is unable or unwilling to appear in court, the spouses can not use dissolution — even if they both agree on all terms of the divorce and sign a separation agreement listing those terms.

In O'Connor, the parties executed a separation agreement in which they agreed that they would have joint custody of their chilIn O'Connor, the parties executed a separation agreement in which they agreed that they would have joint custody of their chilin which they agreed that they would have joint custody of their child.

A separation agreement is a legally enforceable contract in which a married couple agrees to live apart, although they remain legally married.

If you are seeking to carry out a separation agreement, it is advisable that both you and your spouse employ the services if a divorce lawyer or family solicitor before agreeing to any of the terms you intend to set out in the agreement.

You may breathe a sigh of relief once you and your spouse agree on the details of spousal maintenance in your separation agreement and the divorce becomes final.

Although New Jersey law does not provide for a formal legal separation, you and your spouse can agree to live separately and to resolve all financial and child - related issues in a written agreement.