Sentences with phrase «making in your separation agreement»

As required by s. 15.2 (4), the trial judge considered the length of time the spouses cohabited; their functions during cohabitation; and the arrangements they had made in their Separation Agreement.

Child custody is one of the most important decisions you'll need to make in your separation agreement.

any division or disbursement of property made in a separation agreement that was voluntarily entered into by the spouses;

No «hard core» decisions as to how marital assets should be equitably distributed should be made in the separation agreement.

Your child's educational needs may change in the future, and addressing educational decision making in your separation agreement can ensure a smooth transition in the future.

Not exact matches

Specifically, benefits subject to the HP Severance Policy include: (a) separation payments based on a multiplier of salary plus target bonus, or cash amounts payable for the uncompleted portion of employment agreements; (b) any gross - up payments made in connection with severance, retirement or similar payments, including any gross - up payments with respect to excess parachute payments under Section 280G of the Code; (c) the value of any service period credited to a Section 16 officer in excess of the period of service actually provided by such Section 16 officer for purposes of any employee benefit plan; (d) the value of benefits and perquisites that are inconsistent with HP Co.'s practices applicable to one or more groups of HP Co. employees in addition to, or other than, the Section 16 officers («Company Practices»); and (e) the value of any accelerated vesting of any stock options, stock appreciation rights, restricted stock or long - term cash incentives that is inconsistent with Company Practices.

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.

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.»

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.

Entering into a separation agreement is a life - changing decision, but our attorneys have extensive experience in this area, and we will provide you with the legal guidance you need to make sure you get it right.

Arguably the biggest mistake couples make in their prenuptial agreement is not specifying what values to use at the time of separation.

When faced with an application to vary an order, the court should not ignore a mutually - accepted separation agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.

Make sure to consult with an experienced Virginia separation agreement lawyer before you sign a separation agreement to make sure your rights are fully protected in the transactMake sure to consult with an experienced Virginia separation agreement lawyer before you sign a separation agreement to make sure your rights are fully protected in the transactmake sure your rights are fully protected in the transaction.

In accordance with article 157, c.c., spouses can bring an end with a mutual agreement to the effects of the separation with an «express declaration», intimating that it could be made, orally or in writing by means of a public acknowledgement or private writing, of an act received from a notary or registraIn accordance with article 157, c.c., spouses can bring an end with a mutual agreement to the effects of the separation with an «express declaration», intimating that it could be made, orally or in writing by means of a public acknowledgement or private writing, of an act received from a notary or registrain writing by means of a public acknowledgement or private writing, of an act received from a notary or registrar.

A legal separation agreement will protect you during a separation in case your spouse fails to live up to their obligations — the court will be able to enforce the agreements that each of you made.

Together the two of you sat down at the kitchen table and made your way through a Separation Agreement you downloaded from the internet, filling in the blanks as you went.

Keep in mind that, unless equalization and support issues have been resolved by way of a signed Separation Agreement or court order, your spouse may still be able to make a claim for equalization from your estate, or make a claim for dependant's relief, which is akin to spousal support.

My husband and I are drafting our separation agreement, and I am wondering if witnesses are required to be present at time of signing the separation agreement in order to make it legally binding and enforceable by court?

[iii] For example: (1) the required due diligence in regard to the disclosure of financial assets for the making of family law separation agreements.

If you and your spouse have a separation agreement in place and then apply for divorce, the court will review the child support arrangements and make sure that the arrangements are reasonable in light of the Child Support Guidelines.

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 the current case, the husband's failure to make full and honest disclosure, his willingness to exploit the fact that negotiations were based on incomplete information, plus his awareness of his wife's profound psychological instability, all dictated that the separation agreement was to be set aside.

Under both federal and state income tax rules, alimony will be deductible by the payor spouse, and is taxable to the receiving spouse, provided that: (1) the payments are in cash and not in kind; (2) the payments are made incident to divorce or to a separation agreement; (3) the parties have not designated the payments as non-alimony; (4) the parties are not living in the same household; and (5) the payor has no liability for payment after the death of the payee spouse.

For long - term relationships where spouses have children together or made significant purchases of property and assets, retaining the services of a lawyer to assist in drafting a separation agreement is highly recommended.

The first flowchart takes users through the opening steps in a family law case, including consideration of legal issues, as well as making a separation agreement and thinking about alternative dispute resolution.

Also, the change in income or circumstances must not have existed at the time the original separation agreement or Order for child support was made.

In a case called Brothers v. LeBlanc, the common law husband's» bankruptcy was not enough to persuade the court to reduce his obligation, embodied in a separation agreement, to make $ 1,000 monthly mortgage payments and to pay off a $ 129,000 mortgage on the former matrimonial homIn a case called Brothers v. LeBlanc, the common law husband's» bankruptcy was not enough to persuade the court to reduce his obligation, embodied in a separation agreement, to make $ 1,000 monthly mortgage payments and to pay off a $ 129,000 mortgage on the former matrimonial homin a separation agreement, to make $ 1,000 monthly mortgage payments and to pay off a $ 129,000 mortgage on the former matrimonial home.

The essence of this inquiry is whether the circumstances of the parties at the time of separation were within the reasonable contemplation of the parties at the time the agreement was formed, and, if so, whether at that time the parties made adequate arrangements in response to these anticipated circumstances...

[41] At the time the agreement was made, bearing in mind that the agreement was not a separation agreement but was meant to create peace, it was fair.

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.

In order to make sure that your Children's best interests are being met and your financial independence is not jeopardized, you should have an experienced Divorce Lawyer draft and / or review your Separation Agreement.

In order to make sure that your Separation Agreement establishes equitable property division, fair child / spousal support and that the Child Custody / access arrangements that are in the best interest of the Child, you should consult an experienced Divorce LawyeIn order to make sure that your Separation Agreement establishes equitable property division, fair child / spousal support and that the Child Custody / access arrangements that are in the best interest of the Child, you should consult an experienced Divorce Lawyein the best interest of the Child, you should consult an experienced Divorce Lawyer.

If the reconciliation is more permanent, however, this provision will require you to file to have the separation agreement made null in order to be legally married again.

According to the Family Law Act s. 55 (1), separation agreements are enforceable only if the contract has been made in writing, signed by both parties, and witnessed.

In our last post on this topic, we reviewed the essential elements of a valid employee separation agreement that includes an employee's release of claims against the employer (i.e., the agreement must be made knowingly and voluntarily, and the employee must receive consideration for giving the release).

Since «Separation Agreement Annotated» was published in 2002, the editors have made substantial and substantive changes to many sections.

The separation agreement makes it easier for the couple to obtain a divorce in the state.

Where a decree nisi is obtained by consent or where the decree nisi has incorporated maintenance provisions contained in the separation agreement made between the parties the court should not lightly disturb the order and the party seeking the variation must show not only some changes in circumstances, but conditions which arouse the conscience of the court and call for action.

In separation by agreement, the spouses make decisions about property, finances, insurances, child custody and visitation, and monetary support.

Therefore, in cases where a divorce has been granted, a copy of the divorce judgment should be provided; similarly, a copy of any separation agreement should be supplied by the parent or parents who make the application.

At the time the parties entered into a separation agreement, husband was a CEO of a company and made more than half a million a year in salary.

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.

Child support payments made as required by a divorce or separation agreement are not included in the income of the payee, nor are they deductible by the payor.

If a payment is made voluntarily or in accordance with the provisions of a separation agreement but is never in fact incurred, then the funds should be returned or credit given to the paying spouse for future, legitimate expenses.

In the case, an Ontario Superior Court judge found a separation agreement signed without independent legal advice by a cardiac surgeon making around $ 800,000 per year was enforceable, despite terms that required him to pay $ 29,000 in spousal support every month in perpetuitIn the case, an Ontario Superior Court judge found a separation agreement signed without independent legal advice by a cardiac surgeon making around $ 800,000 per year was enforceable, despite terms that required him to pay $ 29,000 in spousal support every month in perpetuitin spousal support every month in perpetuitin perpetuity.

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.

A Separation Agreement, sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the aAgreement, sometimes called a Property Settlement Agreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the aAgreement or Marital Settlement Agreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the aAgreement is a written contract that protects you and helps make sure that your spouse lives up to his or her obligations that are outlined in the agreementagreement.

In the process of getting your divorce, you and your ex-spouse may have made an agreement — sometimes called a marital settlement agreement — to address the specifics of your separation.

[T] o a spouse, former spouse, or child of the debtor, for alimony to, maintenance for, or support of such spouse or child, in connection with a separation agreement, divorce decree or other order of a court of record, determination made in accordance with state or territorial law by a governmental unit, or property agreement, but not to the extent that