Sentences with phrase «separation agreement where»

This is why it is very important to create a separation agreement where both parents can set out how they wish to proceed.

Not exact matches

Mr. Kemper practices in the area of labor and employment law where he regularly counsels employers on a variety of workplace issues including, but not limited to, interviewing, hiring, employee discipline and discharge, workplace discrimination, harassment, retaliation, wage and hour (including tipping practices), whistleblower, unemployment, restrictive covenants, non-compete agreements, non-solicitation agreements, non-disclosure agreements, separation agreements, workplace policies and employee handbooks.

She also told the court of an instance where her husband threatened separation and even drafted a separation agreement because she discovered that he bought a ticket for his mistress to travel to London.

Your parents are legally separated under a divorce decree or separate maintenance decree, or written separation agreement, or they lived apart at all times during the last 6 months of the year where they were not married.

In fact, even in the special situation where there is a legal separation agreement stating that each partner is to assume half of the joint debt, a creditor can still pursue the other spouse for all amounts outstanding if one of the partner defaults.

If a relationship has broken down where the parties are unmarried, it would be prudent to enter into a separation agreement to document any financial settlement that has been agreed.

The section makes no reference to situations where the terms of the order are dictated by the parties» own separation agreements.

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.

Our Surrey separation agreement lawyers also know that our new BC Family Law Act mandates that fair agreements will be entitled to considerable deference but unfair ones where:

This kind of separation agreement could settle terms of spousal support where appropriate, as well as child support and custody to some extent, although child support and custody agreements are subject to the approval of the court.

Many legal professionals agree that a good separation agreement «anticipates» a divorce, and should, therefore, be aligning the couple's expectations with where this may ultimately be headed.

Where parties have agreed to separate, we provide clients with careful and expedient advice to help them decide on a course of action that best suits their situation — whether by way of divorce or civil partnership, dissolution, judicial separation or a separation agreement.

75 % of the fraud posts were for commercial debt collections or commercial equipment purchases (where a real business is impersonated), 11 % were personal business loan collection frauds, 9 % were separation agreement scams, 3 % were IP or copyright infringement scams, 1 % were employee injury or dismissal frauds and 1 % real estate bad cheque scams.

In the case where the two spouses have reached a separation agreement and there are no children, then the waiting period before the divorce can be finalized is six months.

Telfer v Henry Estate 2013 ONSC 303, involves a situation where the court imposed a constructive trust on the insurance proceeds of the deceased, who had entered into a separation agreement with his former spouse agreeing to pay child maintenance, but failed to do... Read more

Where appropriate, mediation is an excellent way to develop a separation agreement.

69, 964 P. 2d 1114 (1998)(reversing judgment holding wife in contempt for failing to turn over pet wallaby «Skippy» to husband pursuant to separation agreement, where actions of wife were not «willful» since wallaby was known to escape on occasion).

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.

For example, it is possible to have a separation agreement drafted where you and your ex-spouse have reciprocal provisions that require each of you to maintain a specified amount of life insurance and to be appointed as a trustee of the other's life insurance proceeds for the benefit of the children of the relationship.

83 Where vulnerabilities are not present, or are effectively compensated by the presence of counsel or other professionals or both, or have not been taken advantage of, the court should consider the agreement as a genuine mutual desire to finalize the terms of the parties» separation and as indicative of their substantive intentions.

In cases where parents are having difficulty implementing a parenting plan in a Court Order or Separation Agreement, a Parenting Coordinator is an individual who can assist to resolve disputes around parenting.

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 aside.

One of the most challenging aspects of a separation can be coming to an agreement about custody and parenting time: where the children will live, how decisions will be made, where they will go to -LSB-...]

where the parents are living separate and apart, with one parent under a separation agreement or with the consent, implied consent or acquiescence of the other or under a court order; or

Where a separation agreement does not ensure that the best interests of the child are met, it may be set aside.

This is not a requirement under Ontario law but it can be incorporated as a requirement under a separation agreement or in a court order where young children are involved.

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 acWhere 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 acwhere 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.

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

The agreement, or a memorandum of separation, is filed with the Clerk of the County in New York where either spouse lives.

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.

Think about your target audience - a consumer in need of a divorce, an executive negotiating a separation agreement, a corporate counsel seeking help with a «slip and fall» - and figure out where you need to be present to compete for their business.

For example, as was seen in Ward v. Ward, under the Family Law Act a court has the power to potentially set aside a negotiated separation agreement in cases where there has not been full disclosure by a spouse; a sworn Financial Statement from both parties therefore amounts to a relatively easy way to ensure that there has been full disclosure.

Where the couple have no children and have entered into a separation agreement, a final divorce may be granted after the couple have lived separate and apart for six months.

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.

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 - Murray.

Once completed, the petition, separation agreement, marriage certificate and all associated documents should be filed with the probate and family court in the county where either you or your spouse lives.

Enter mediation, where the emphasis is on supporting the couple to «separate together», supporting their children through the separation process, using the services of a professional facilitator, to help them focus on diffusing and resolving differences and working out their own agreements.

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

Depending on where you live, your state might call it a marital settlement agreement, separation agreement or something else entirely.

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.

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.

Spouses who want to separate can sign a separation agreement that is legally binding as a contract between them, particularly where it concerns property division, and the separation agreement can eventually serve as the basis for a divorce or annulment order under Texas Family Code Section 7.006.

The husband and wife have lived separate and apart pursuant to a written Separation Agreement, which must be filed with the office of the county clerk where the parties reside before the requisite one - year separation periSeparation Agreement, which must be filed with the office of the county clerk where the parties reside before the requisite one - year separation periseparation period begins.

Divorce mediation involves the amicable resolution of a separation or divorce where an entirely neutral divorce mediator assists parties in achieving a wholly fair and workable agreement, including negotiating child custody, in which all of their rights and interests are discussed and fully protected.

The court noted that the legal tests here are the same, whether we are under the Children's Law Reform Act (where a variation of a separation agreement is under consideration) or under the Divorce Act.

File your separation agreement, together with the Petition for Dissolution of Marriage and any other required forms, with the county court where you reside.

When people speak of being legally separated in New Jersey, they may be referring to the fact that they have entered into a written separation agreement governing custody and a parenting plan and support (and maybe even division of property and debt); or where, instead of having the marriage dissolved, the spouses filed for separate maintenance (a type of support proceeding in New Jersey that results in the entry of a support order but not dissolution of the marriage) or for divorce a mensa et thoro (divorce from bed and board) that allows the parties to live separately while still remaining married (which some spouses wish to do for religious reasons or, where the insurance plan allows it, to continue with health coverage through the other spouse).

No decisions are binding until the end of the process, where both spouses choose to sign a memorandum of understanding or a separation agreement.

(Note: Some argue that due to the technical structure of the Income Tax Act, that it is still possible to negotiate a separation agreement with tax deductibility where child support payments have been made in 1996 with the contemplation that the written agreement would be finalized in 1997.

An «uncontested divorce» is considered a no - fault dissolution of the marriage where the spouses agree on the terms of the divorce, particularly as they address issues of financial child custody, spousal maintenance, property division, etc., and present an executed separation agreement to the court for approval.