Sentences with phrase «separation by agreement»

Legal separation comes in two forms — separation by agreement, or separation by judicial process.

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

Not exact matches

Pearson filed the suit on Monday in the U.S. District Court of New Jersey, saying Valeant breached his contract by not paying him 580,676 shares and 2.5 million performance shares due in November under the terms of his separation agreement, the Journal reported.

(l) Except as otherwise set forth in Schedule 2.7 (l) of the Disclosure Schedule, (i) the Company is not and will not be obligated to pay separation, severance, termination or similar benefits as a result of any of the transactions contemplated by this Agreement, nor will any such transactions accelerate the time of payment or vesting, or increase the amount, of any benefit or other compensation due to any individual; and (ii) the transactions contemplated by this Agreement will not cause the Company to record additional compensation expense on its income statements with respect to any outstanding Stock Option or other equity - based award.

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.

The district rejected the Tribune's request to view Harris» separation agreement, a move being reviewed by the Illinois attorney general's public access counselor.

• High father - involvement before separation is rarely reflected in post-separation private agreements or awards by the courts: in one study, 47 % of the fathers in families that later separated had been either their child's primary carer OR had taken substantial responsibility for their care.

The mediation process enables the couple to reach a lasting agreement and avoids the polarization and hostility often caused by the divorce / separation.

A constitutional monarchy essentially designates a separation between the head of government and the head of state, the latter being a monarch, usually hereditary, but sometimes elected for life, the former being governance by some other form, not necessarily democratic, but usually by public agreement.

The agreement resulted from a meeting here attended by representatives of the National Education Association (nea), the National Council of Churches, Americans United for Separation of Church and State, the American Association for the Advancement of Science, and the American Humanist Association, among others.

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.

A: I am not sure what you mean by a «private» separation agreement.

There is one way around this change — separation agreements that are executed before the end of 2018 are not covered by the new law unless a modification is made that expressly states that the new law applies.

The cash out was mandated by our separation agreement which was filed with my state of residence.

Ted Michalos: So, the first thing everyone needs to understand is that support payments are generally set by a court order or by a divorce or separation agreement that you sign off on.

Having said that, if you and your spouse are able to come to an agreement on your own, and you both have independent legal advice and have it documented by way of a separation agreement then that is also acceptable.

When a couple decides to follow through on their divorce, the separation and divorce agreements are full of numerous conditions that must be met by one or both parties.

In addition to the inconsistencies noted by Mr. Zukerman, the separation agreement and passport contain identical «Hitomi» signatures.

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

The written separation agreement was properly made a part of the final decree by virtue of Virginia Code Section 20 - 109.1, and was enforceable as any court order, even though spousal support is different from other monetary obligations.

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.

In the final decree of divorce, husband's monetary obligation to wife was described as spousal support in that portion of the form decree he used incorporating the language required by Virginia Code Section 20 - 60.3 (which is only required in orders directing the payment of spousal or child support, including one created by the incorporation of a written separation agreement).

Defending technology company and its board of directors in multimillion dollar PA state court action brought by founder / consultant / shareholder alleging claims for breach of fiduciary duty, breach of contract, and rescission; prosecuting action in NJ federal court on behalf of executive terminated in breach of his employment agreement; defending companies and their majority owners in numerous state court actions throughout NY and NJ alleging breach of contract and fraud; defending company in connection with DOL investigation regarding misclassification of employees; defending health - tech entrepreneur in connection with DOL investigation regarding unemployment insurance fraud; counseling global company and its US subsidiary in connection with various employment law matters; and negotiating numerous separation agreements.

This can be dealt with by means of agreeing on an appropriate figure, which can then be reflected in a Separation Agreement.

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.

In the case of no agreement, when living together becomes «intolerable» to carry on with, the request for separation can be presented by one of the two spouses.

A decree that approves separation by mutual consent, or rather the judicial separation agreement, or the assisted negotiation agreement, authorised by the public ministry, or alternatively the signing of the agreement before the Mayor in order for the separation to be valid, are all sufficient.

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 registrar.

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.

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

Lawyer C, who was retained by the plaintiff to give ILA, urged Ms. M to not sign the draft agreement, but rather to enter into a partial separation agreement, which would satisfy the mortgage lender but allow for full financial disclosure at a later date.

A recent Saskatchewan Court of Appeal case determined a husband with mental health issues was able to enter into a separation agreement given his representation by counsel.

It pays to hire Vancouver's top rated family law firm as awarded by Top Choice Awards again this year to help you properly negotiate and draft a Vancouver separation agreement.

will not not be sanctioned, approved of or upheld by the courts when faced with applications to vary or set aside Surrey separation agreements that are deficient and unfair.

In the Vancouver separation agreement case of Owen v Owen the Vancouver separation agreement by a husband who had a decline in income related to a poorly performing stock market.

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.

Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out pursuant to a separation agreement could be clawed back into the estate for a dependant support claim by the subsequent spouse.

She assists clients by drafting and advising on business and employment agreements, commercial leases, space - sharing agreements, domestic contracts (cohabitation, marriage and separation agreements), and all aspects of home purchase and sale.

Before you agree to a severance package or separation agreement, it is best to have the contract reviewed by an experienced Pennsylvania employment attorney.

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.

These can be agreed upon in principle in a separation or property settlement agreement or decided and modified by a judge of a Juvenile and Domestic Relations District Court or Circuit Court in Virginia.

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?

It is generally recommended to have your separation agreement drafted by a lawyer, though this is not a rule and will not inherently impact the contract's enforceability.

By entering into a Marital Separation Agreement you make your divorce an uncontested divorce.

If the Marital Separation Agreement is incorporated into the decree, it becomes a court order and is enforceable by the court's contempt powers.

Each state may call this agreement by a different title, such as a marital settlement agreement, marital separation agreement, or divorce settlement agreement form.

«In this post-divorce proceeding, L.T. Watson (petitioner) appeals the district court's interpretation of the separation agreement entered into by petitioner and her husband, T.S. Watson (respondent), during the pendency of their divorce.

Defence lawyer Joseph Neuberger had extensive discussions with the crown and was able to establish that the separation agreement stipulated that she still had rights to be at the matrimonial home and the ex-husband by physically removing the complainant committed an assault to which the client was legally permitted to defend herself.

A formal separation agreement signed by both parties (a «Minute of Agreement») is binding — there is very limited scope for overturning such an Aagreement signed by both parties (a «Minute of Agreement») is binding — there is very limited scope for overturning such an AAgreement») is binding — there is very limited scope for overturning such an AgreementAgreement.