...by Thorpe clearly states his opinion on prenuptial agreements[1]. He deems them necessary so as the individuals could avoid the stress involved in judicial cases on marriage assets. He conceptualizes prenuptial agreements as a great way to avoid unnecessary anxiety, stress and expenses of judicial proceedings[2]. I totally agree with his concepts on and base my essay on the support of his notion. The uniqueness of this case is that there was a prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists the judges provide a ruling based on the evidence of an agreement at marriage[3]. This is physical evidence of what inspired during the time they agreed to get married. The agreement is aimed to protect family assets and ensure a proper future for the children in case separation. The court makes the final decision guided by the prenuptial agreement and the current issues leading to the separation. It will also consider the welfare of both parties and the children in its ruling. The prenuptial agreement also assists in pre-empting matters prior...
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...TO: Supervising Attorney From: Jennifer A. Ramos This memo is on prenuptial agreements and their utilities. The Uniform Premarital and Martial Agreement Act (UPMAA) is a Uniform Act drafted in 1983 by the National Conference of Commissioners on Uniform State Laws (NCCUSL, 2012). Pennsylvania has not adopted the UPMAA. In Pennsylvania the requirements for a prenuptial agreement are as follows: • It must be a written agreement; • Both parties must execute the document voluntarily; • Both parties must be provided fair and reasonable disclosure of their property and/or financial obligations; • Both parties must have full knowledge of the obligations for each party regarding property and finances; and • The agreement is to be executed by the marriage date. (Pa Cons. Stat. § 3106). A prenuptial agreement in Pennsylvania must be a written agreement, it cannot be verbal. The agreement must also be signed by both parties voluntarily, with a witness and a notary public; this must be done before the marriage is commenced. Both parties in the agreement must be in full knowledge of all financial and property decisions that are made in the agreement; nothing can be added after it is signed, unless there is a legal amendment. Prenuptial agreements should not be compulsory. Prenuptial agreements should be spoken about beforehand and should either be agreed upon or disagreed upon. Making a decision like that is something you will be done together for the rest of your life, given...
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...The Uniform Premaritial Agreement Act is a regulation that allows you to choose which jurisdiction your prenuptial agreement will fall in.If you do decide to fall under one of the selected jurisdictions that has adopted the act you will have provisions out there to resolve issuessuchs as estate planning, seperation of property, financial assets, alimony and support. Although the Act has been has introduced in Mississippi they have not adopted the Act. In the state of Mississppi there are four requirements for a valid Prenuptial agreement.The agreement must be in writing. A prenuptial agreeement can never be an oral agreement.When the agreement is done it must be voluntary. If it is found out that any party was forced to sign the would become null and void. The agreement cannot leave one person destuite. in other words it cannot leave a person burdened or struggling. Lastly and most important the agreement must be notarized. There are five rules that cam invalidate a prenuptial agreement. If the agreement is fraudulent.that means if a spouse withholds information and you find out it becomes invalid. If the agreement is coerced or you signed it under duress it may be invalid. The agreement may not be vaid if the paperwork isntdone properly. If you dontmake sure you dot your i's and cross your t's in could be considered invalid. You also need to make sure you are represented by two lawyers so they can make sure every think on your side is good. The prenup also cannot have ridicoulous...
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...The Effects of Divorce on Children ENG215 Research and Writing The Effects of Divorce on Children These days most people accept divorce as a way of life, completely unaware of the damage they are doing to their children. Half of all American children will witness the breakup of a parent’s marriage. Of all children born to married parents, fifty percent of those will experience the divorce of their parents before they graduate from high school. Compared to children from homes disrupted by death, children from divorced homes have more psychological problems and actually the death of a parent is less devastating to a child than the divorce. When children are involved in a divorce, it often leads to a wide variety of problems down the road and not just for the couple divorcing. It is unbelievable how many people get a divorce without looking into what kind of effect it might have on their children. Unfortunately, the traumatic effects of divorce on children stay with them throughout their childhood and continue on into their adult lives. And in most cases, couples find themselves involving their children in divorce which only makes things worse. When you first break the news to your child that you are getting a divorce, their initial reaction might vary from extreme anger, to sadness, to immediately thinking that the breakup is their fault. One of the most damaging effects of divorce on children is the different outlets they turn to in an effort to deal with...
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...2013 Unit 3 Assignment The Uniform Premarital Agreement Act is the regulation that allows the parties of a premarital contract to choose the state's jurisdiction under which their contract will fall. A couple can decide on any state in which one of the parties lives or plans to live or the state in which the couple will be married. Because this act has not been passed in all states, parties to a prenuptial contract are also limited to choosing only the states that have passed the Uniform Premarital Agreement Act. It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983. The state of Texas is one of 27 states that adopted the Uniform Premarital Agreement Act (UPAA) Texas Family Code, Chapter 4: Premarital and Marital Property Agreements govern Texas prenuptial agreements. There are obligations that the couple must meet and some circumstances that might render the agreement void. Prenuptial agreements need to be in writing. Some states require a notarized agreement, but Texas does not. Both partners must fully disclose their assets and liabilities. This includes getting appraisals done for things that might be difficult to value. The partners need to understand each other’s situation fully before they can agree to anything in a prenuptial agreement. A court will void an agreement that involves less than full disclosure on the part of one of the partners. Each partner must sign the prenuptial agreement voluntarily. The court will not enforce any contract...
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...Especially when the residence constitutes the bulk of the community property. In re Marriage of Brigden, 80 Cal. App. 3d 380, 145 Cal. Rptr. 716 (2d Dist. 1978) However, the court should consider that Barbie wants to remain living in this house with the three children. In re Maxwell's Estate, 7 Cal. App. 2d 641, 46 P.2d 777 (2d Dist. 1935).It’s highly likely the court will award Barbie the house. * Barbie’s Inheritance: She was given $500,000 as a gift from a family member. Under the Uniform Premarital Agreement Act, a premarital agreement must be in writing and signed by both parties Stats.1992, c. 162 (A.B.2650), § 10, operative Jan. 1, 1994. Barbie had a prenuptial agreement signed by Ken. That is, the Uniform Premarital Agreement Act is a statute of frauds law, requiring that agreements be in writing to be enforceable. To satisfy the statute of frauds applicable to prenuptial agreements, a writing must evidence with certainty the terms of the prenuptial agreement. In re Marriage of Shaban, 88 Cal. App. 4th 398, 105 Cal. Rptr. 2d 863 (4th Dist. 2001). The court will most likely protect Barbie’s inheritance. * Ken’s Business: Ken started business by borrowing $25,000 from Barbie. Business is currently flourishing. Although the legal rate of interest may be applicable under some circumstances, as a factor within a valuation formula, a different rate may be approved under other circumstances, based on evidence that such a...
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...legally enforceable contracts.” Critically analyse this statement with reference to recent developments in England and Wales, and in other jurisdiction(s) where appropriate. In a society where forty two per cent of marriages end in divorce, marriage breakdown is an unfortunate yet inevitable reality for many. With the development of pre-nuptial agreements in many other jurisdictions, there has been recent pressure on the government here to legislate in the area of the law. Pre-nuptial agreements are entered for many reasons, there are the obvious security benefits such as protecting your wealth in case of marriage breakdown and there are also less cynical reasons such as safeguarding for children of a previous marriage or protecting family wealth. This essay will outline the current law on pre-nuptial agreements in England and Wales, followed by recent developments and views. The US laws on pre-nuptial agreements will be drawn upon as a comparison and the conclusion will focus on what is the best way forward for England and Wales. I propose that this will be updating current legislation to allow pre-nuptial agreements as the freedom to arrange a marriage as they so wish should be reflected in their freedom to make arrangements for the financial breakdown of their relationship. Current law in England and Wales...
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...all of the major scientific journals, including Nature and Science. In 2004, Hotamisligil was able to demonstrate that excess fat, by itself can cause stress signals and medical problems. In the field of metabolic health and disease it is clear that Hotamisligil has played an extremely important role in its development, with his numerous contributions and many publications in the field. Since starting his career back in the 80s he helped to shape the modern view of metabolic health and took important steps towards understanding underlying causes of Type 2 diabetes and metabolic disease. 2. The agreements between Syndexa and Harvard were complex because the agreements required exemptions to many of Harvard’s internal policies and issues on conflicts of interest. Although both Harvard and Syndexa recognized that a simultaneous execution of a license and sponsored research agreement was necessary. The negotiations between Syndexa and Harvard was not atypical,...
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...Garima Sharma has quite some experience in terms of handling relationships : she was the head of human resources at Norton Network for 10 years before joining Ferro, and has been entrusted by her husband to organize Metal Star's representative, Sheikh Yusuf's trip to India to inspect the product he coveted. We believe her decision to release the shipment was a wise one for many reasons. First of all, 45% of Ferro's revenues come from foreign operations, 5 of the top 10 Ferro's clients are foreign, and although Metal Star isn't one of them, it cannot be ignored as the company had agreed to buy 6 machines for 10 million INR. Plus, with both the domestic and foreign competition that can offer pretty much the same high-quality machines at lower prices, Ferro needs every deal they can strike in order to manage to get the company through with its investment plan and get up to speed in terms of cutting-edge technology. In a nutshell, Ferro needs to find a solution which satisfies both parties. Garima is known to have a good and quick understanding of people's traits, which makes her able to offer customized treatments to her clients, even during turmoiled times (i.e payment crisis with Sheikh Yusuf). And this is exactly what she has done by finally agreeing to split the demurrages between Ferro and Metal Star before eventually releasing the machines to Yusuf, in hope of receiving payment. I don't think there would have been any better solution, as some other ways have already...
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...Dankers Our first meeting took place on the 20th of Febuary 2013. We discussed what parts each of us were doing and scheduled the tasks each of us have to complete. We are going to try and do most of the project as a group so that we agree with each other. We plan to meet twice a week to discuss our plans. Week 1 | March 4st-8th | Choose our particular operations model that best suits Dankers. | Week 2 | March 11th-15th | We will meet up and discuss the work and research we have all carried out. | Week 3 | March 18th-22nd | We will begin to combine and collect our information and start to build the plan. | Week 4 | March 25th-29th | At this stage we hope to have completed the plan giving us time before the due date. | We have divided the parts equally into the following parts: X will research different operations models, using course concepts and ACS. X will look at customers perspective and what would best suit them. X is going to look at market expectations and research what would be the best way for Dankers to forward into their new venture. Challenges: Some challenges that we might face is agreeing on the plan that best suits Dankers. This is why we have agreed to meet twice a week so that we all agree with each member is putting into the plan. We do have a due date so we have made a timetable that will make sure we have it done on...
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...Partnership Agreement THIS PARTNERSHIP AGREEMENT is made this __________ day of ___________, 20__, by and between the following individuals: | |Address: __________________________ | |___________________________ |City/State/ZIP:______________________ | | |Address: __________________________ | |___________________________ |City/State/ZIP:______________________ | 1. Nature of Business. The partners listed above hereby agree that they shall be considered partners in business for the following purpose: ______________________________________________________________________________ ______________________________________________________________________________ 2. Name. The partnership shall be conducted under the name of ________________ and shall maintain offices at [STREET ADDRESS], [CITY, STATE, ZIP]. 3. Day-To-Day Operation. The partners shall provide their full-time services and best efforts on behalf of the partnership. No partner shall receive a salary for services rendered to the partnership. Each partner shall have equal rights to manage and control the partnership and its business. Should there be differences between the partners concerning ordinary business matters, a decision...
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...First Nations peoples to a dedicated land claim elsewhere. As a result, Treaty Nine (also referred to as “The James Bay Treaty”) was established on July of 1905, between the Government of Canada, in the name of King Edward II, and various First Nations groups in Northern Ontario (Treaty Texts, n.d.). The Ojibwa and Cree were two key groups involved in the signing of this treaty, representing their people in agreement with the government's terms. They had the basic idea that the treaty was one of sharing and friendship and their goal was to establish a relationship with the government of the day, where they could share the land and take part in the decisions affecting it (The Mushkewgowuk and Anishinaabe Peoples, 2009). They were poor and needed assistance, blindly welcoming the opportunity to start a discussion and enter into a treaty with Canada, which was thought to be an agreement that would bind each party together in good faith (George MacMartin's Big Canoe Trip, 2014). Hunting, fishing and trapping rights were of great significance and needed to be secured in an agreement with the government but the Indians also needed monetary help, schools for their children and to know that they would not be interfered with in their traditional lifestyles on the land and waters. Nevertheless, oral understandings of the treaty show that what was discussed and agreed to by the Indian peoples was not reflected in the written treaty; there is a problem concerning the verbal promises and especially...
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...Assignment 1: Consensual Relationship Agreements Case Study Due Week 3 and worth 100 points Read the Consensual Relationship Agreements case study located in Chapter 2. In Questions 1 and 2, focus on non-ethical ramifications (save any discussion of ethics for Question 3). Write a six to eight (6-8) page paper in which you: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. On the Written Assignment, "Consensual Relationship Agreements"; it's due this week Sunday, October 28th, by 11:59PM. Remember also to be sure to proofread your paper thoroughly because for each typographical mistake, incomplete sentence, or non-response to the assignment questions, points will be deducted. In addition, APA formatting has to be used which certainly includes in-text citations and a Reference page; check the Resource Center for an example of APA guidelines. Finally, once the paper is submitted, that will represent the final grade for the assignment; there are no-resubmissions allowed. Organizational Behavior Perceptions & Attributes by Tara Duggan, Demand Media http://smallbusiness...
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...* Negotiations * “The perfect negotiation” * Phase 1-Preparation * Decide what you want and prioritize your wants -High importance: those you must get if you are to agree at all. -Medium: those that you would prefer to attain, but are not critical -Low: those that you would like to attain, but would not let them jeopardize the deal Assign ranges of possible values to each want Ex: 100-150 euros or “will deliver by Friday” * Phase 1- Preparation Issues Wants Importance Entry Exit Problems your ideal high, med, low should be walk reasonable away * CHECKLIST FOR PREPARATION 1. What are the negotiable issues? 2. What do you want for each? 3. Rank each by it’s importance to you * -High absolutely critical – certain or no deal * -Medium – important but not critical * -Low – like to achieve but would not sacrifice the deal if not obtained 4. What are your entry and exit limits? 5. Entry terms should be reasonable 6. Exit terms are your “walking away” positions 7. All prepared positions could be revised if circumstances suggest changes are advisable * Phase 2-Discovery -Ask open ended questions “How’s business?” “What do you hope to get out of today’s negotiation?” -Listen for clues to what they really want, take notes, the more they talk the better -What criterion are you using? What are your priorities? How do you calculate those numbers? How do you feel about...
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...SolvGen Inc. entered into a five-year research and development agreement with Careway Pharma Inc. In connection with executing the research and development arrangement, SolvGen and Careway also entered into a five-year license and distribution agreement. Under the terms of the research and development agreement, SolvGen retains all intellectual rights to the results and is entitled to the following five nonrefundable milestone payments from Careway: 1. Exclusive negotiation payment — $1 million (paid December 1, 2005). 2. Contract signing payment — $2 million (paid January 1, 2006). 3. Commercial launch of instrument system Version 1 — $5 million (paid March 31, 2006, upon commercial launch of the instrument system). 4. Commercial launch of instrument system Version 2 — $5 million (not yet paid). 5. Commercial launch of instrument system Version 3 — $5 million (not yet paid). Under the license and distribution agreement, Careway will have the right to market and distribute the proprietary instrument systems. Careway is required to pay SolvGen for each proprietary instrument system as it is purchased by Careway. SolvGen recognizes the nonrefundable milestone payments when the payments are received over the remaining estimated contractual life of the agreements. Based on an evaluation of the circumstances, there are two deliverables in this arrangement that should be considered for separation: a. A license and distribution deliverable b. A research...
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