Sentences with phrase «terms as the separation agreement»

They may also agree that if there are divorce or dissolution proceedings in the future they will be dealt with amicably and on the same terms as the separation agreement.

Not exact matches

So the long and the short of the story is this: a self - executed document is not considered a valid separation agreement as one party can always claim they didn't understand the terms, and weren't given the opportunity to seek legal or financial advice.

In such a situation many parents may not consider the repercussion of not addressing this issue in their separation agreement or court order and as a result may face problems obtaining a passport for their children if they are not on good terms with their spouse.

A severance agreement, also known as a separation agreement, is a contract between an employer and an employee establishing the terms on which the employee will leave upon termination.

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.

For couples who want to separate but do not yet have grounds for divorce, we can help you formalize a separation agreement as either the first step toward divorce or as a long - term solution.

A Marriage Separation Agreement includes many of the same terms as a Divorce Decree, including the following:

When determining whether to vary a spouse's support obligations, the court must consider the terms of a separation agreement and the extent to which it still reflects the original intention of the parties, as well as the objectives of the Divorce Act, including the principle that both parties require finality.

Instead, he wrote an email to the wife pointing out that, per the terms of the Separation Agreement, she was required to maintain his coverage for as long as she herself had coverage.

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.

A Separation Agreement, also known as a Marital Separation Agreement, is a document that allows you and your husband or wife to specify terms for living apart, as well as things like:

[173] Although the agreement in question is styled as a «marriage agreement» rather than a «separation agreement», in practical terms it is a hybrid.

That they are in full agreement with the terms as set forth in the separation agreement and any other documents;

If there is a need for a QDRO or drafting of other legal documents to effectuate the terms of the separation agreement (such as a Quit Claim Deed), the attorneys will handle that as well.

In Fraser v. Fraser, the trial judge found on the facts that the terms of the separation agreement requiring the insured to maintain the plaintiff as beneficiary were tantamount to an irrevocable designation.

Similarly people can not ignore duty to mediate clauses incorporated as a term of any Calgary separation agreement or Calgary family court order.

Family Mediation Service The main features of the Family Mediation Service are as follows: a) The FMS is a free professional and confidential service for couples, married and non-married, who have decided to separate or divorce and who together want to negotiate the terms of their separation or divorce; b) Mediation helps parties reach an agreement that meets their interests and those of their children; and c) The FMS also deals with a small number of cases which involve conflict between other members of a family (e.g. parents and children, grandparents and grandchildren on issues such as wills).

So if you're drafting a separation agreement using the terms «parenting plan», «residence of children», «primary and secondary residence» and «planning schedule», as opposed to custody and access, I don't think many people will have a problem with it,» she says.

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

It is clear from that case and others that as long as each individual knows their rights, and knows the implications of their agreement, that they are each free to agree on whatever terms for their separation or divorce settlement agreement that they wish to.

Instead, you and your spouse can enter into a marital settlement agreement, also known as a separation agreement, that tailors the terms of your divorce or dissolution to best fit the dynamics of your family.

The couple must sign a separation agreement that deals with issues such as alimony, child support, child custody and property division, and the court will issue an order binding both spouses to the terms of the agreement.

If you live in a state that recognizes living apart under the terms of a separation agreement as a ground for filing for a divorce, the certified copy of the separation agreement or memorandum of agreement is a part of the paperwork filed with the court to commence the divorce action.

If there is a need for a QDRO or drafting of other legal documents to effectuate the terms of the separation agreement (such as a Quit Claim Deed), the attorneys will handle that as well.

A separation agreement differs from a property settlement because it can contain any terms the parties agree to, as long as they are not against public policy.

If you're unfamiliar with the term, it may be because the agreement is called something else in your state; your jurisdiction may refer to it as a marital settlement agreement, a separation agreement, or even a stipulated judgment after the terms are included in a court order.

A separation agreement can contain any terms the parties agree to, as long as they are not against public policy.

If they enter into a separation agreement, sometimes called a property settlement agreement in Michigan, its terms are enforceable as a contract.

Arizona state law expressly encourages spouses to agree on the terms of their own marital settlement agreement, which is also known as a separation agreement.

In his response, he can notify the court of his agreement or disagreement with the separation terms requested by his spouse, such as property division, child support and custody.

The marital settlement agreement for divorce or separation can include a variety of terms, which pertain to topics such as property, accounts, debts, child support, child welfare, personal welfare, alimony, and all other aspects of one's interpersonal or financial circumstances.

If parties reach an agreement, a Maine magistrate has the power to grant a legal separation and the terms of the agreement are entered as a judgment with the court.

As the American Bar Association explains, the terms of a separation agreement are vitally important in both the short run and long run.

In some states, but not all, living apart under the terms of a separation agreement is recognized as grounds for divorce after one year.

Although the terms of a separation agreement can be modified in a divorce decree, some judges are reluctant to depart from the terms of the separation agreement, using it as «precedent» in determining the final divorce agreement terms.

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.

As with any document pertaining to the dissolution of marriage, it is important to file a separation agreement with the Clerk of the Court for signature by the judge to ensure the terms are binding.

The term «marital property» shall mean all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in agreement pursuant to subdivision three of this part.

Couples are allowed to come to terms with these issues themselves and formalize their arrangements in what is referred to as a separation agreement.

For example, if the separation agreement has been incorporated into a court decree, but not merged therein, then the court has the power in Pennsylvania to modify alimony terms based on a substantial change of circumstances, as long as the contract specifically states that the alimony, is modifiable.

Alimony is the term used for payments to a separated spouse or ex-spouse as part of a divorce or separation agreement.

If the terms involve property division and the agreement has been incorporated, the court can only modify it if it is executory in nature (i.e., it has not yet been completed, such as the transfer next year of a car title to a spouse), as opposed to those items which are already executed by the parties (such as the deed to the house that was signed over to a spouse at the same time as the separation agreement was signed).