...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 to separation...
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...I take on the role of Jeremy I would want to have a pre-nuptial agreement because of the martial strife I went through in my previous marriage I love my mate Marietta. She feels no need because we are getting along good but to my dismay I believe we are different because of our backgrounds I’m from America she is from the Philippines. Just that mere fact that we come from different cultural backgrounds ensure differences of opinions and we would be leading into an interracial marriage.” This could be a hard seeing that this is my second marriage and the divorce rate is 60-67% more likely” (Duzak, 2013). I feel very uneasy with not having a pre-nuptial agreement because of my past experience with divorce. I love you Marietta, but I want to be safe for financial and family reasons I have a son and I have amassed a nice financial situation for me and my son and I would not want to jeopardize our security for if we don’t work I just need you to see this thru the eyes of a man that has been through a lot mentally and financially because of not preparing the first time around. “The rights of my pre-nuptial agreement consist of keeping finances separate, protecting each other from past debts from and providing for my son from my previous marriage and also keeping property in the family.”(nolo.com). I would want to do this to ensure my rights are legally accepted in this union. I want to reiterate that I really do love you but I want to have all my legal options open just in case this...
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...same way with his first marriage, because he did not have a prenuptial agreement then, but the pain of his experience has caused him to rethink this position. Marietta feels that morals, values and ethics should be followed in a marriage, but Jeremy has discovered that these cannot be enforced when one or both persons involved decide that they do not want to follow...
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...to be married, or those already married, can take to make this situation easier. Prenuptial and postnuptial agreements may have something of a bad name, but they are a useful tool if divorce becomes necessary. Prenuptial agreements, also known as premarital agreements, are contracts entered into before the beginning of a marriage providing for division of the assets should the marriage later fail. Since they are contracts, in order to be considered valid prenuptial agreements are subject to the same requirements as any other contract. This means that the agreement must be in writing, signed by both parties, entered into voluntarily, and notarized....
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...Granatino [2010] UKSC 42 is concerned with whether and to what extent a court should take an ante-nuptial agreement into account in exercising its discretion under section 25 of the Matrimonial Causes Act 1973. Section 25 matrimonial Causes Act 1973 states that the duty of the court when considering to exercise its powers and if so, and in what manner, to have regard to all the circumstances of the case with first consideration given to any child of the family who has not yet reached the age of 18 years. The court are also reluctant to have regard to numerous other matters including the financial needs, obligations, responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future. in Radmacher, Ms Radmacher, a German national, and Mr Granatino, a French national, entered into an ante-nuptial agreement before a notary in Germany three months to the wedding. This what at the insistence of Ms Radmacher who stood to gain a significant amount of wealth from the lucrative family business and was threatened with disinheritance by her father should she proceed into the marriage without such an agreement. The main scope of the agreement was translated into English for Mr Granatino with the option for him to seek independent legal advice open to him. Mr Granatino declined to seek this independent advise and proceeded to sign the agreement. The Radmacher-Granatino Union lasted a period of 8 years during which Ms Radmacher bore Mr Granatino...
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... which were: the impalmamento, the sponsalia, the matrimonium, and the nozze. They were specific transactions because during the Renaissance women were in some terms irrelevant and were only allowed to walk the streets to attend masses in church. However, when these stages were taken in action, the publicity announced the benefit of the alliances made between families and that is what makes them so significant. The first stage towards a marriage was the impalmamento. The impalmamento signifies “engagement, a promise of marriage, specifically, as a confirmation of the preliminary agreements, it indicates the early phase of the long process of the marriage arrangement.” It is the initial meeting between the heads of the family of both the potential bride and groom. As publicity was key, of course the parents came a long with a few of their relatives. As the meeting progressed and an agreement was made to marry their children, the father would close the...
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...Treaty (West African sub-region). Readings: Adjei Mensah, Principles of Business Law, Volume I, Part 3 2. Law of Contracts Types (Oral/Written; Bilateral/Unilateral; Executed/Executory, Terms : Express/Implied: Express Contract/Implied Contracts Oral Contracts and the Statute of Frauds (“MYLEGS” Contracts) 1) Marriage 2) Contract for Years 3) Land Contracts 4) Contract of the Executor 5) Guarantor’s Contract 6) Contract of Surety 2) Writing required in the ff cases (i) Real Property Contract including leases, life estate, easements (ii) UCC leases greater than $1,000 (iii) Sale of goods greater than $500 (iv) Lease greater than $1,000 (v) Agency Contract (vi) Promise to make a will (vii) Pre-Nuptial contract (viii) Quantity contract (ix) Executory contract not in writing is not...
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...Gay marriage will strengthen family values by allowing millions of gay people the opportunity to reinforce their bonds in the same way that heterosexuals do. Same sex couples that get married are more likely to buy homes, which strengthens the economy. Same sex couples that buy homes are more likely to stay in them longer than people who rent. They're more likely to spend money on improvements. They would also be more likely to adopt one or more of the huge number of unwanted children brought into the world by straight people, for various reasons that children ended up in foster care. Married gay people would create strong positive role models for the next generations of gay children. The outlook of same sex marriage in society, and the proof being demonstrated, that the world will continue to spin on its axis. Even if gay people get married. It would help the conservative and religious right wing to see that gay people are just like everybody else, which would hopefully spare their children who happen to be gay the pain of their parents, assuming that being gay is a sin or mental illness. Pros of Same Sex Married 1. If the newlywed resides in the United States then will get to experience the advantages, which the government offers to married couples. These benefits take account of nursing home, social security as well as health care. 2. Another significant advantage of getting married is the reason that you can have kids and have similar assistance, responsibilities...
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...Rapid technological developments with the onset of modernism and capitalism, movement of people and goods across national borders has become easy. Foreign investment became a common trend particularly in the 20th century. People have found employment overseas. People from various countries work or do business together. With these developments, it is obvious that conflicts between parties of different nationalities occur and liability to tax on income of foreigners especially among those engaging in trading venture. Whilst the laws affecting domicile and residence may be sufficiently settled, it is paramount for courts to pursue a detailed analysis to ascertain specific preliminary issues so as to avoid controversial rulings. Courts often handle numerous financial cases that involve what can be best described as foreign or international elements. In such cases, court must decide whether it has the jurisdiction under the Family Law Act 1975 to make a decision on such cases. In the event that it is determined that the court is invested with the jurisdiction to determine the case, the court has to consider whether there is a system of law in foreign country that also has the jurisdiction to handle the case. As it was addressed in the case Attorney General of New Zealand v Ortiz [1984] AC 1, these benefits and costs to either party if the case resolution is made in foreign country as compared with the apparent country should also be a subject of concern. [1] Legal systems...
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...Pamantasan ng Lungsod ng Maynila Intramuros Manila Graduate School of Management MBA-Top Executive Program (TEP) Book Report: Think Big: Make it Happen in Business and Life By Donald Trump and Bill Zanker In partial fulfillment of the requirements in the subject Marketing Management Submitted by: Bustillo, Nicole Lance O. Submitted to: Dr. Edza Zialcita Title: Think Big Make it Happen in Business and Life (Think Big and Kick Ass) Author: Donald Trump and Bill Zanker Main Learning Point: How “thinking big” can help you become successful in business and in life Summary: This book of Donald Trump is about him, discussing the things he had done that lead to him to become who he is right now, as well as the proper attitude one must possess to become successful. The book also showcased insights from Bill Zanker, President/Founder of The Learning Annex, an educational institution which focuses on entertainment and filmmaking. The insights he give in the book helps the readers to comprehend more on what Mr. Trump wants every readers to absorb in his book: to think big to become successful in life. The book is divided into 10 Chapters. Each chapter has a very important message every readers is expected to comprehend. The following are the summary of the important points in every chapter of the book: Chapter 1: Do you have what it takes? The starting point of the book. It aims to build the reader’s mind setting about aiming to become successful in life and in career...
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...___________________ VS. ___________________ CIVIL CASE NO. ___________________ HON. ___________________________ RTC-_______________, BRANCH ___ JUDICIAL AFFIDAVIT OF PETITIONER ___________________ I, ___________________, of legal age, married, and living at ___________________, petitioner in this case, state under oath as follows: PRELIMINARY STATEMENT The person examining me is Atty. ___________________ with address at ___________________. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to prove that the respondent ___________________ contracted marriage twice, ___________________ on ___________________, and later with the petitioner ___________________ on ___________________ while the respondent’s previous marriage with ___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage with the respondent she was previously married to ___________________ on ___________________, which marriage was still valid and subsisting at the time she contracted marriage with the respondent. The petitioner’s testimony is also offered to prove the legal basis for the declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous. 1. Q. Please state...
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...___________________ VS. ___________________ CIVIL CASE NO. ___________________ HON. ___________________________ RTC-_______________, BRANCH ___ JUDICIAL AFFIDAVIT OF PETITIONER ___________________ I, ___________________, of legal age, married, and living at ___________________, petitioner in this case, state under oath as follows: PRELIMINARY STATEMENT The person examining me is Atty. ___________________ with address at ___________________. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. PURPOSE: This affidavit/testimony of petitioner ___________________ is being offered to prove that the respondent ___________________ contracted marriage twice, ___________________ on ___________________, and later with the petitioner ___________________ on ___________________ while the respondent’s previous marriage with ___________________ was still valid and has not yet legally dissolved. Petitioner will also prove that prior to her marriage with the respondent she was previously married to ___________________ on ___________________, which marriage was still valid and subsisting at the time she contracted marriage with the respondent. The petitioner’s testimony is also offered to prove the legal basis for the declaration of nullity of the petitioner’s marriage with the respondent, the same being bigamous. 1. Q. Please state...
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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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...estate planning needs and taxation in order to recommend appropriate techniques for meeting estate planning and objectives, including without limitation: • Determine client estate planning needs and objectives, taking into account financial and non-financial (behavioral/social/emotional) aspects of estate planning • Understand the effects of the lack of estate planning, including state laws of intestacy • Project estate taxation and liquidity needs in various situations • Recommend appropriate and efficient methods of wealth transfer for a client’s situation, including, without limitation, ➢ lifetime gifting strategies and taxation ➢ planning for minors ➢ incapacity planning ➢ pre-mature death planning ➢ planning in anticipation of marriage ➢ planning related to divorce ➢ planning related to tax-favored retirement assets ➢ planning for non-citizen spouse ➢ planning...
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...Ponte went on to become a priest. Though his moral standards were very low, and he was not the most stunning example of the sacerdotal order, da Ponte became a renown librettist. By the age of thirty-seven he began to collaborate with Mozart. da Ponte was chosen by Mozart because of his notoriety for adaptations he made on pre-existing plots, which was a common for librettists of his day to do. Taking the work of Beaumarchais, he expressed stunningly the quality of his elaborations. The opera that played in 1786 then did not see the stage for almost three years after its first season of showings. The song, Un Moto di Gioja, was not in the original composition of the opera. It was later inserted for the revival of the production in 1789 and written for the whimsical nature of the character Suzanna, who is expressing her immense happiness in spite of her fears surrounding the expectation of entering a long term commitment. From the literary standpoint the lyrics of the piece highlight the ramblings of a young bride-to-be trying to go about her daily tasks. At the same time they clearly express her worries and anxieties about entering upon her nuptial agreement. The words help to paint the inner emotions that are all bursting forth, while the singer tries to keep a relative calm. It is the juxtaposition of the contrast of the moods in the song that typify it with the music classified as part of the Classical Period. Both the joyous expectation and the worried mood is illustrated...
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