Sentences with phrase «in a separation agreement does»

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

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.

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.

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.

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 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.

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

[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).

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

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.

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.

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.»).

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

In order to terminate a «common law» relationship, it is possible to enter into a Separation Agreement, but you do not require a court document to terminate your relationship.

Peter: [28:37] If somebody went through all four stages of this, too, and came to us with plan and organize in hand, case comparison, the resolve portion done, as well as the draft separation agreement...

What is significant, the Court held, is that the wife, a former equity research assistant at Morgan Stanley with a degree in finance, along with her experienced counsel and accountant, could have freely availed themselves of any number of valuation and discovery procedures during the divorce proceeding but declined to do so, as was expressly acknowledged in the separation agreement.

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

If you do not have a separation agreement, but have a court order, you have the option of filing a contempt motion in family court.

A valid separation agreement is an investment in your future and you don't want it declared void because of a mistake made in drafting it.

If you're separated without a separation agreement, what's in the will stands, and also, your spouse can inherit if you don't have a will at all.

In conclusion, it is important to note that if either you or your spouse does not wish to abide by your separation agreement, it may be negotiated and altered by agreement of the parties.

Did the trial judge err in interpreting the terms of the parties» Final Separation Agreement and in finding that there was a material change of circumstances?

«When co-habitants don't have an agreement in place during a separation, things can get very messy, very quickly,» said Aaron Franks, a partner at Epstein Cole in the area of family law, and a consultant to lawyers.com.

Students are going to leave law school and assume huge responsibilities in advising clients; a student at a law school where the instructors taught what they felt like would probably emerge with very little idea how to draft a contract, a separation agreement, advise a client on how to discipline an employee, deal with an insurer or any of the other things that lawyers have to do.

If you practice in family law, do you believe 10 hours is enough for all of the steps in a separation agreement?

Mediation Services (for the 20 % of today's families who need help making decisions): Half of the families who regularly use family court systems are mostly seeking minor assistance in making their separation plans (marital settlement agreements) and don't really need a judge.

This can be done through the process of divorce mediation, in which one or two mediators help a husband and wife prepare their own separation agreement.

In the situation where the parents do not reside in the same jurisdiction, a separation agreement, court order or parenting plan should include, among other things, details around scheduling of visits, travel arrangements — including who covers the cost of the child's transportation — along with mechanisms for dealing with disputes between the parents and provisions that allow for a revisiting of the agreement as the child ages, says Chaiton - MurraIn the situation where the parents do not reside in the same jurisdiction, a separation agreement, court order or parenting plan should include, among other things, details around scheduling of visits, travel arrangements — including who covers the cost of the child's transportation — along with mechanisms for dealing with disputes between the parents and provisions that allow for a revisiting of the agreement as the child ages, says Chaiton - Murrain the same jurisdiction, a separation agreement, court order or parenting plan should include, among other things, details around scheduling of visits, travel arrangements — including who covers the cost of the child's transportation — along with mechanisms for dealing with disputes between the parents and provisions that allow for a revisiting of the agreement as the child ages, says Chaiton - Murray.

«We try to do that in the early stages of the separation agreement.

«That can lead to problems down the line if there's a major change in circumstances and support needs to be re-visited and there's a disagreement about what was actually paid during the period of time when what the parents were doing was different from what was outlined in their court order or separation agreement,» she says.

If you don't want to leave this decision up to the court and risk an uncertain outcome, it is best to make this decision together and outline the specifics in your separation agreement.

This can be done through the process of divorce mediation, in which one or two mediators help a husband and wife prepare their own separation agreement — a feat accomplishment without the customary adversary - style anger, rancor and «go for the jugular» mind - set that is customary in contested divorces.

In states that do require you to come to terms regarding property and custody before you can divorce, you can usually create a marital settlement agreement similar to a separation agreement.

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

Couples who do not want to file their entire separation agreement may, where permitted by state law, prepare a memorandum of separation, and file it in place of the full agreement.

«The moral of the story is don't buy real estate until you have either a separation agreement in place or you have a mortgage commitment from a lender that explicitly states that a separation agreement is not required,» Silbert says.

Since a separation agreement spells out the parties» financial obligations with respect to equalization of property as well as ongoing support obligations, the true financial health of the individual doesn't become clear until after those negotiations are complete and a legal separation agreement is in place.

If you just register your separation agreement under the FLA, you don't know that in the case of a later motion to change if the judge will follow the 2009 case or the later case.

Voluntary custody agreements are usually done in one of three ways: 1) in a separation agreement and property settlement (SAPS), 2) in a separate parenting agreement, or 3) in a judicial consent order.

In North Carolina, legal separation does not require any written document, but a Separation Agreement and Property Settlement (also known as a Marital Settlement Agreement) is highly reseparation does not require any written document, but a Separation Agreement and Property Settlement (also known as a Marital Settlement Agreement) is highly reSeparation Agreement and Property Settlement (also known as a Marital Settlement Agreement) is highly recommended.

For spouses who wish to separate, but do not want to pursue a final divorce decree at the time of mediation, we can assist you in achieving a fair and balanced separation agreement.

«Sometimes this issue connects with the importance of having a separation agreement if you are applying for financing to purchase a home because people don't understand that the topics covered in a separation agreement are relevant to the mortgage lender,» she says.

The court does not sign off on a contractual separation or issue any order in regard to the contract, but if one of the parties requires enforcement, a civil suit seeking an order of the court directing the other party to comply with the terms and conditions of the agreement can be filed.

We'll bring in joint experts or do whatever needs to be done, but if we can not come up with a separation agreement at the end of this process, we will back away and you can hire litigation lawyers,» he says.