Sentences with phrase «parties in the separation agreement»

However, this ability is dependent upon the parameters set forth by the parties in the separation agreement.

Not exact matches

«In general, if there's a separation agreement or a settlement agreement, a case is considered to be settled with respect to the parties that entered into that agreement,» said Wicka, a partner in the Tarantino Law FirIn general, if there's a separation agreement or a settlement agreement, a case is considered to be settled with respect to the parties that entered into that agreement,» said Wicka, a partner in the Tarantino Law Firin the Tarantino Law Firm.

In a statement they said «In an effort to optimize the structure of the separation, the Company has been exploring various options and is in discussions with its NOOK Media partners to potentially restructure existing agreements; and with potential third - party partnerIn a statement they said «In an effort to optimize the structure of the separation, the Company has been exploring various options and is in discussions with its NOOK Media partners to potentially restructure existing agreements; and with potential third - party partnerIn an effort to optimize the structure of the separation, the Company has been exploring various options and is in discussions with its NOOK Media partners to potentially restructure existing agreements; and with potential third - party partnerin discussions with its NOOK Media partners to potentially restructure existing agreements; and with potential third - party partners.

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.

Funds in RRSPs may be rolled over tax - free to ex-spouses if the parties are living apart and payments follow a written separation agreement, court order, decree or judgment.

For instance, a separation agreement may prevent a party from being able to move money between accounts in order to protect the rights of the other party.

Rick v Brandsema is a BC family law case in which the parties entered a separation agreement that left Mr. Brandsema with substantially more assets than Ms. Rick after 27 years of marriage.

For example, if the parties execute a separation agreement that resolves the manner in which certain financial assets will be divided, this matter will not need to be resolved during the divorce process.

This resolution can provide a sense of security to both parties, allowing them to plan for their respective futures in the midst of a very difficult time in their lives, and an experienced Fairfax separation agreement attorney will be able to help to mitigate the pressures of this time.

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.

There are programs that the Income Tax Act and Pension Benefits Act have in place to allow tax - free rollovers of RRSPs, RRIFs, and pensions where there is a court order or written separation agreement between the parties.

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.

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.

The mortgage lender insisted that the plaintiff produce a signed separation agreement, providing, among other things, that neither party would claim support from the other, and that the plaintiff would receive $ 87,000 for her equity in the matrimonial home.

Separation agreements can also be useful because the more issues that are resolved by way of agreement between the parties, the less there is to fight about in court in the divorce case.

With regards to these types of agreements, a Leesburg separation agreement attorney is useful in terms of explaining to a party contemplating a separation agreement what their rights would be, should the divorce case be litigated in the courts.

It's possible to draft and sign an agreement that guides the actions of both parties, never submit it to the court, and live in a permanent state of separation.

[3] In addition to the volatile issues of custody and access, this application raises a question as to whether grounds exist to set aside the separation agreement of the parties.

After the parties» separation July 2000, they entered into an agreement in August 2000 providing for joint custody and for Mr. Trignani to pay maintenance.

In In re Marriage of Iqbal & Khan, 2014 IL App (2d) 131306, 11 N.E. 3d 1, the two parties, of the Islamic faith, signed a separation agreement («PNA»).

The parties and their attorneys articulate the underlying goals and interests of the divorcing parties and strive to reach those goals in order to create a fair and reasonable separation agreement.

Most likely the next document drawn up in a case will be a proposed separation agreement — an indication that the parties wish to settle their dispute.

In Doucet v. Doucet, a 2016 decision of the Ontario Superior Court of Justice, the Court concluded that the spousal and child support provisions of the parties» separation agreement were unenforceable.

If a divorce is imminent, i.e., the parties enter into a Postnuptial agreement in anticipation of divorce, then the contract is called a Separation Agreement or Settlement Aagreement in anticipation of divorce, then the contract is called a Separation Agreement or Settlement AAgreement or Settlement AgreementAgreement.

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.

This was because (1) the parties» entire marriage and separation took place in Germany; (2) the decedent continued to live with their minor child in Germany until her death; (3) the separation agreement was executed in Germany; (4) every connection between the parties concerning their marriage arose in Germany; and (5) the German nexus had already prevented Jurgen Salathe from obtaining a Florida divorce from the decedent in Florida.

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

This means that all but 10 % of family cases are settled between the parties, whether by separation agreement or by embodying the agreement in a divorce order with «consented to corollary relief.»

In re Marriage of Thornton, No. 149529 (California Court of Appeals, Second District, January 16, 2002): The separation agreement of the parties, incorporated into the judgment of divorce, provided that the husband shall pay alimony until the death of either party, or until March 2003.

If this is not possible, the parties should include provisions in a separation agreement that detail the responsibility of each spouse for joint debt and the appropriate course of action if a spouse fails to fulfill payment obligations.

Through a menu of services a self - rep can obtain — at a price fixed in advance — a variety of services: Answer Me This (a single email question and answer), Put a Lawyer in Your Pocket (talk to a lawyer for 15 minutes at a time), Pay for an Hour — Get a Month (an unlimited — within reason — number of emails with an experienced family law lawyer), Your Own Court (an early, neutral, evaluation service to give you the strengths and weaknesses of your case and the other party's case, available to one or both parties) Document Preparation (have a lawyer prepare your documents for you), and a Straightforward Separation Agreement (get the agreement you want without going to a lawyer'sAgreement (get the agreement you want without going to a lawyer'sagreement you want without going to a lawyer's office).

In comparison, parties in mediation craft a separation agreement that is customized to their unique circumstances, needs, and concernIn comparison, parties in mediation craft a separation agreement that is customized to their unique circumstances, needs, and concernin mediation craft a separation agreement that is customized to their unique circumstances, needs, and concerns.

Given that the mother was no longer a stay - at - home spouse and had nearly acquired the status of autonomy — which was again a change in circumstances, as defined by the parties» separation agreement — the court fixed the father's spousal support obligation in a declining fashion, so as to allow the mother to attain her full autonomy within the next five years.

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

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.

In December 2010, the parties entered into a separation agreement, which was drafted by accountants (not lawyers).

The agreement provided, inter alia, that each party waived the right to the other's separate property in the event of separation or divorce; each party would keep separate bank accounts; and the husband's maintenance obligation would be limited to a lump sum payment of $ 20,000.

It order to have a valid Separation Agreement, the Agreement must be in writing, signed by the parties and witnessed by a third party.

Furthermore, in order to solidify the terms of your Separation Agreement, so that it will be difficult for either party to challenge the Agreement in the future, it is highly recommended by both parties have independent legal advice prior to signing the Agreement.

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

Other necessary provisions can be included in or excluded by a family law attorney in Fairfax from the separation agreement as the parties see fit.

The parties signed a Separation Agreement settling all outstanding financial issues between them in July 2017.

If parties are negotiating and not in court, custody is formalized through a written agreement, like a parenting agreement or separation agreement.

The judge will «find» that the divorce is irretrievably broken and that the Separation Agreement was entered into by both parties and not a product of duress or coercion The judge will «find» that the Separation Agreement is fair and reasonable in light of the circumstances.

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...

It is of course physically possible for you to draft your own separation agreement, but without lawyers to represent each party and explain to them their rights, risks and obligations, a judge will not be able to ensure the circumstances under which the agreement was signed were appropriate and therefore will probably not enforce the agreement if it was challenged in the courts.

Often when parties separate, they include a clause in their separation agreement that says spousal support can end or be reviewed when there is a «material change of circumstances».

In Toscano v Toscano, the court explained that where there are «any circumstances of oppression, pressure, or other vulnerabilities, and if one party's exploitation of such vulnerabilities during the negotiation process resulted in a separation agreement that deviated substantially from the legislation», the agreement may be set asidIn Toscano v Toscano, the court explained that where there are «any circumstances of oppression, pressure, or other vulnerabilities, and if one party's exploitation of such vulnerabilities during the negotiation process resulted in a separation agreement that deviated substantially from the legislation», the agreement may be set asidin a separation agreement that deviated substantially from the legislation», the agreement may be set aside.