...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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...couples about 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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...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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...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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...Corporate leaders today report feeling that they must consistently barter to extract complicated agreements from people with power over industries or individual careers. Sensing that theyre in continuing danger makes them want to act fast, project control ( even if they do not have any ), depend on duress, and defuse stress at any cost. The end result could be a compromise that fails to address the real problem or opportunity, raised resistance from the opposite side that makes agreement very unlikely, antagonism that sours future talks, a failure to develop relations based primarily on mutual respect and trust, or an agreement that creates great exposure to future risk. To avoid these risks, corporate executives can apply the same strategies used by well-trained military officials in hot spots like Afghanistan and Iraq. Those in fundamentalist negotiators angle for others perspectives, propose multiple solutions and invite their counterparts to critique them, use facts and elements of fairness to persuade the other side, methodically build up trust and commitments over the course of time and take steps to reform the negotiation process as well as the result. Get The Big Picture Avoid Presuming you have all of the facts : look, its plain that. presuming the other side is biased but youre no assuming the other sides inducements and aspirations are obvious and doubtless nefarious Instead Be curious : help me know how you see the situation. Be humble : what do I have...
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...In “I Spy” several themes can be discovered. However, the theme which our group noticed right away was the “Parent-child-relationship” and more specifically the “Father-son-relationship”. In the very beginning of the text we are told that the boy does not like his father (notice p. 534, lines 22-25) Several times in the short story it is outlined that Charlie is actually terrified of him. In contrary to this he adores his mother (see page 534, lines 25-27). Not until the father is taken away Charlie feels that he loves him (537 bottom). In our group we believe that this sudden feeling of love for the father is due to Charlie wanting his mother to himself. When talking about this with the other groups it led to a discussion whether or not this is a picture [jk4] of Freud’s Oedipus complex. Some did not agree on this since the complex occurs much earlier in life. Besides this some argued that Oedipus did not know his parents which Charlie does. But since Freud was just showing the main idea of the myth instead of using it literary,[jk5] the claim that the short story is also about “Freud’s Family Romance” is still supported. The fact that Freud was becoming very popular in England at that time could furthermore speak for this being the right interpretation. Therefore some agreed that Charlie could just be in the middle of an unsolved Oedipus complex. Another theme within the short story could be manhood. This theme is, however, slightly connected with the abovementioned...
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...Meeting held on the 20th of August 2015 Attended: Junior, Vijen, Ashley, AKA Joe, PV, Jackie and Inam 1 Trustees to assist 2 Nothing we agreed on gets done 3 Eton close and Ille De Capri should have a common guard at the entrance 4 Gate next to the skipper should be fitted by tomorrow 5 Quotes require for about 8 wireless cameras 6 Urgent plumbing should be sorted out urgently 7 Need to follow up on the roof leak at Unit 46 8 Need to get the agreement between Eton close and Ille De Capri for the use of Ille De Capri’s entrance 9 Speak to Eton close about installing boom gates 10 Sticker system should be in place by the 01/09/2015 11 We all must speak less, think more and not make accusations 12 We all should send emails to Inam to send a weekly email to Garreth, Garreth should give feedback within 7 days 13 Residents to speak to Jackie with issues, Jackie to contact Garreth, Garreth to mail the trustees 14 Cutting of electricity should be implemented, notice should be served to the owner before cutting. 15 Last agreement between ADT and Ille De Capri required 16 when having parties at the Lapa only a certain amount of people should be allowed. Once visitors parking is full visitors need to park outside the complex. If the lapa is not cleaned after a party the owner will be liable for the cost of cleaning. 17 Trustees to focus on their portfolios, other there are welcome to give...
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