Sentences with phrase «agreement upon divorce»

For married couples, child maintenance is usually dealt with as part of an overall negotiated financial agreement upon divorce.

On the transactional side, we serve as consultants to law and accounting firms to provide tax counsel regarding matters as varied as, for example, business succession plan structures, corporate mergers, acquisitions and reorganizations, and tax - efficient structuring of property settlement agreements upon divorce.

Absent fraud or duress, courts will certainly implement these premarital agreements upon divorce, and distribute home and financial support accordingly.

Not exact matches

The unilateral agreement is a relationship between two persons but its fulfillment depends upon the words of one person, as in a divorce, confession, and taking an oath.

Depending upon the custodial agreement, the custodian could follow the court's ruling, wherein the divorce decree may declare that all marital property is split as indicated and named in the document, with no other splitting to be done.

If you have already been through a divorce and do not care to go through the emotional uncertainty and the expense again, a prenuptial agreement can outline the rights and obligations you will have upon divorce, making the finalization of any divorce simpler and expedient.

Of course, a couple's property and debts will be divided upon divorce, whether or not they decide to create a prenuptial agreement.

[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).

Once all of the divorce matters are agreed upon, they must be put down into writing, into what is referred to as the «divorce agreement.»

Without full disclosure, the court might set aside the prenuptial agreement, absolving its efficacy in protecting each spouse's financial security upon divorce.

It is this latter agreement which became the bone of contention between the parties upon their divorce.

Upon the entry of a divorce decree, entireties property converts to a different form of ownership in which each spouse owns a 50 percent share if they have not made an agreement or litigated in court to resolve their property ownership.

Robert's particular expertise covers financial settlements and claims upon divorce, financial settlements and claims upon the breakdown of cohabitation and relationships, will disputes and financial claims arising on death and pre-nuptial and cohabitation agreements.

Prenuptial agreements may determine which property and debts should be divided upon divorce, which property should be excluded, which property should be excluded from the probate estate when one of the spouses dies, whether alimony should be paid upon divorce or separation and if so, how much and how long.

A postnuptial agreement is a contract between the parties, executed during the marriage, that addresses what will happen financially during the course of the marriage, in the event of divorce, the death of a party, or in other agreed upon circumstances.

In divorce mediation, the mediator's main role is to assist in maintaining communication between spouses, as well as the environment necessary to develop a mutually agreed upon divorce (or post-divorce) agreement that can be submitted to the court.

Like the Petition, Florida uses three versions of a Marital Settlement Agreement, depending upon the circumstances of the divorcing couple.

Divorce Mediation Group mediators draw upon their wealth of experience to illustrate to their clients the agreements other couples have reached and brainstorm with them to tailor those agreements to fit into their dDivorce Mediation Group mediators draw upon their wealth of experience to illustrate to their clients the agreements other couples have reached and brainstorm with them to tailor those agreements to fit into their divorcedivorce.

It's my job, as a divorce and family mediator, to help my clients find areas of agreement and to build upon those.

If you're about to embark upon the divorce process or are in the middle of a high - conflict divorce and custody case, you may want to consider making an argument for a custody agreement or order that specifically institutes parallel parenting.

Upon approval, the court will finalize the divorce and incorporate the terms of your agreement into your divorce decree.

If you and your spouse can agree on a value, that agreed - upon amount should be included in your divorce settlement agreement, and / or any separate stipulation or written agreement you enter into regarding the sale of the home.

Both mediation and collaboration rely upon the establishment of a team committed to avoiding litigation and to developing a settlement agreement that is reasonable and works for the divorcing family.

Agreeing spouses can draft a settlement agreement, which the court will review — and incorporate it into the divorce decree upon approval.

Agreements made between divorcing spouses are generally looked upon favorably by the divorce courts.

A divorce agreement, also known as a settlement or separation agreement, is where spouses outline the mutually agreed - upon terms of their divorce.

Whether you can do this depends upon state law and the terms of either your divorce decree or separation agreement.

In some cases, spouses may choose to execute a Reconciliation Agreement whereby certain spousal expectations are delineated along with agreed upon financial distributions if a divorce occurs.

Divorce mediation is a collaboration between yourself, your spouse and a neutral divorce mediator to create a mutually agreed upon separation agreement which outlines the future of your livesDivorce mediation is a collaboration between yourself, your spouse and a neutral divorce mediator to create a mutually agreed upon separation agreement which outlines the future of your livesdivorce mediator to create a mutually agreed upon separation agreement which outlines the future of your lives apart.

When using mediation, this separation agreement will be a mutual and collaborative document that outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.

Even still, the steps your divorce case will follow will differ depending upon whether you are actually fighting in court, or whether you have settled all of your issues and are only going to court for final approval of your agreement.

Once the agreement is finalized, either you, your lawyers, or both of you (again, depending upon your jurisdiction) will go to court, and get a divorce judgment entered.

The end product of your divorce mediation process is your Separation Agreement - a legal, collaborative document which outlines all aspects of your divorce and clearly states the terms you and your spouse have agreed upon.

Without a prenuptial agreement upon separation by death or divorce, the court separates all of the marital property evenly.

The Agreement defines what the parties think would be fair and reasonable — it gives them the opportunity to decide for themselves what will happen to marital property upon the death of either spouse or divorce.

A prenuptial agreement is an agreement between you and your potential spouse that describes how you would like your property distributed upon divorce.

The court may require the spouse to bring certain documents, such as the divorce decree signed by both spouses, property division agreement, agreed upon parenting plan, lists of how debts will be divided between the spouses, and completed child support worksheets.

Marital settlement agreements finalize the decisions agreed upon in your divorce, and encompass all issues, including:

Your actual cost will, of course, depend upon the fees charged by your mediator and your lawyer, the complexity of your divorce, the number of disputed issues, and the difficulty of reaching agreement.

The agreement may provide for the disposition of marital property upon a divorce or separation of the parties, but may not adversely affect the right of child support.

Alimony may also terminate upon a specific date, as provided in the written divorce agreement.

A premarital agreement allows a couple to predetermine property and financial issues during marriage, upon the death of a spouse or in the event of divorce.

Same - Sex Couples Family Law Issues Parental alienation, marriage and domestic contracts, spousal support, child support, custody arrangements co-parenting agreements, adoption orders to secure parental recognition, division of family property upon separation, gay and lesbian divorce, second parent adoption

Depending upon your state, the motion may be one to reopen your divorce or simply to modify one or more provisions of the agreement.

Number of Sessions Required: The number of sessions required to reach agreement in a mediated divorce depends upon the complexity of issues involved, the level of conflict, and whether both parties are «agreement - ready.»

In divorce proceedings, spouses can come to an agreement upon the division of property, child - custody rights and financial support responsibilities, or they can enter into a court proceeding where the judge decrees on these challenging issues.

With the advice and assistance of counsel, coaches, financial planner, parties generally agree upon a full settlement of all issues relating to the children, finances, assets and liabilities and a divorce judgment incorporates that agreement as part of its order.

Upon approval, Maine divorce courts will incorporate the spouses» parental agreement into the divorce decree, unless there is «substantial evidence» in favor of not doing so.

And yet, with very few exceptions, the law is not meant to restrict what divorcing spouses can agree upon; rather, the law is meant to restrict what judges are able to do if divorcing spouses can not reach an agreement.

You will address the issues that must be decided upon in your divorce in your agreement, but it does not constitute a final divorce decree.