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Family Law Word study Adultery alimony division of property Child support child custody findings Paternity death

of spouse disability benefits Remarriage restraining order separation Survivor benefits antenuptial counseling Execute an agreement whereby hereafter Sole duress misrepresentation Fraud duty of supportsharing of expenses Premarital cohabitation equitable Marital residence award title into the name of Undervalue transmute dissolution proceeding Share marital home neglectful conduct

You have an appointment with a lady who wants to ask you for legal counseling in marriage issues. You find her in the waiting room, reading some sheets. She asks you for details about what she has read on antenuptial agreements. You ask her for the sheets and read the text on them. Both parties are willing to execute an antenuptial agreement whereby all of the property now owned or hereafter acquired by the wife will remain her sole and separate property throughout the marriage. This agreement is entered into by the husband and wife without duress, misrepresentation or fraud. They also want to agree on how to share the duty of support during marriage, but the antenuptial agreement cannot change such duty; it cannot control the sharing of expenses between the spouses. The future husband has an island, his own property, which was acquired during premarital cohabitation with a lady; the island cannot become marital property subject to equitable distribution. There are also issues related to the marital residence. Even if it was purchased with the wifes separate funds and it will be titled in both spouses names, becoming marital property, in case of divorce, the trial court will award the home to the wife. The wife recognizes that the home is undervalued and convinces the husband to invest his own funds in it: she thus can contribute personal effort for the purpose of classifying the increase in value of the property. The home for which the wife has paid before marriage does not have to be transmuted to marital property only

because the parties decide to live there after marriage. The court will consider fairness in awarding equitable distribution in a dissolution proceeding and the husband could be excluded from a share in the marital home because of neglectful conduct, if this is the case. You are ready to answer the ladys questions and give her all the details and explanations she needs. L: Im getting married and both of us have agreed on the antenuptial agreement; I have decided to keep all my property in case of a divorce. That is possible as far as I understand, isnt it? Y: L: There are no conditions to force us into such an agreement, but I intend to keep everything that belongs to me. Can any question rise from here? Y. L: Can we establish the manner in which our expenses will be taken care of through this agreement? Y: L: What about his properties? He owns an island: can I have any claim against it? Y: L: I bought the house which will be our marital residence, on my own money; can the husband claim its share in case of a divorce? Fill in the gaps with the words in bold: Sole, antenuptial agreement, duress, sharing of expenses, marital residence, titled to, award, neglectful conduct. They want to execute an .. In case of divorce, the house wife paid for, remains her . property. An agreement is not valid if it is entered into by The husband and wife have to agree on the . The house the spouses live in during marriage is termed as .. The properties will be .. both spouses names.

The court will .. a fair distribution of property. Either spouse can become guilty of

Find the sentences where the following words fit properly: Alimony, adultery, child custody, division of property, child support, disability benefits, paternity, reckless driving, survivor benefits, remarriage, divorce, order . She has been found guilty of .. by having a relationship with another man. Since the child is not in his care, he has to pay .. and Formerly husband and wife, they still argue on as both of them would like to keep the child. After the accident, the court found her guilty of carelessness and accused her of .. He is crippled and uses a wheelchair, so he gets a financial assistance called .. When a divorce occurs, there is also a . After a case is studied, the are formally presented. He didnt want to take the responsibility of the child, but he was compelled to take a . test. After the divorce, he is thinking of .. as he hates loneliness. She doesnt want her former husband to disturb her so she has obtained a .. from the court. If they cant agree and live together, the only solution is .. . After the recovery from the plane crash, she is entitled to .. Commonly used words in agreements: Hereafter = from this time This is the house they will benefit from hereafter. Herein= in this place, situation, document findings, restraining

The exercising of all the rights stated herein. Hereby = by this statement I am hereby applying for the position of legal secretary. Hereinafter= later in this official document, statement They are the owners of the property hereinafter mentioned. Hereof= connected with or belonging to this These are the statements and the contract hereof included. Hereto = to this The goods are detailed on the invoices attached hereto. Hereupon= at or after this moment The company is hereupon responsible for the insurance. Herewith = with this letter or document The documents attached herewith shall constitute legal evidence. Therefore = as a result of something The terms of the contract are not clear, therefore we are asking for further details. Thereby= with the result that something else happens The house was in a poor condition, thereby they chose another one. Thereunder = under something that has just been mentioned, according to a document that has just been mentioned The conditions of the above offer are mentioned thereunder. Whereas = used at the beginning of legal documents to mean because a particular fact.

WHEREAS the parties decided to enter into this contract, on this day of Wherein = in which place or part The documents wherein the shipment is detailed are still with the courier. Whereof = about which The subject mentioned whereof is still under debate. Whereon= on which The report whereon the debate started is still classified. Whereby= according to, by means of which The loan whereby the business was established is the top of the agenda.

You receive a complaint from a potential client who wants to file for divorce. She writes a long complaint and it is hard for you to understand the facts because all the verbs are in the infinitive. Put the verbs in the correct tense to clarify the order of events. Dear Counsellor: I address this letter to you as I no longer know what decision I take about my marriage. We be a happy couple for more than seven years, but that be all gone now, due to several reasons. I be unemployed at the moment because I change my job for a better one to support my sons who be still in school. I start work next month. There be two months of break and my husband keep on accusing me that I love not my family. He instruct the children to tell me the same thing. During these two months, he take away my credit cards and I no longer have access to the accounts. He never give me cash. He treat me as a slave. He do all the shopping and pay the bills. I be just a maid in the house, cleaning, cooking, arranging things. I simply not exist for him anymore.

He seem to forget that he live in the house I buy before we get married because we have no place to stay. He also forget that the car he drive now be bought with my savings: he add only $ 200. He forget again that he run a car repair shop and we give up weekends, holidays, family events so many times, because he have to work on all sorts of special orders. He not want to remember that there be days without any cash at the workshop and I support the expenses without treating him as a slave, as an outcast. So, you see, these be my reasons tot hink of divorce. I be ready to fight for my belongings, such as the house, still on my name, the car, and my children. Kindly advise what course of action I take. Look forward to your kind reply, I remain, Yours truly, Ask yourself some questions: Do you think she is mistreated by her husband? Do you agree with the husbands behaviour? Would you advise her to try to talk to her husband? What would you advise her? Write your reply to her and advise her what to do in this situation. When the wife becomes an executive, the husband finds it hard to cope with the situation at work. She suddenly becomes too inquisitive, too bossy and the husband is no longer in command. Here is a typical situation: Now, Gerald, Im not at all pleased with you. Whys that, Sarah? Well, look at these expenses. For your Seattle trip! Well, I really dont understand why You flew there by Royal Air, one of the most expensive airlines. Couldnt you take something less expensive? I could, but

Oh, you also took a taxi to the airport! You couldnt go by subway, now how could you ? I really couldnt because Too many restaurant bills for one person! You forgot about McDonalds completely, didnt you? No, but What, or shall I ask, who made you stay another day? Some Asian flight attendant? No, its not that complicated. If you only I see in your report that you spent a whole day with Mrs. Imamura. How Japanese! She is not the only customer! I tried to OK, just send ma an email with your explanations, I will read it at home, tonight.

The angry husband decides to tell his friend about the discussion and he writes him an email first. Re-tell the facts, as if you were writing the message. Start with: Dear George, You cant imagine how Sarah has just treated me. I went on a business trip to Seattle, three days ago. This morning, when I returned to the office, she called me in (Notice that you have to re-tell the story in the past. Use the Sequence of Tenses.) Geralds email to Sarah Dear Sarah, I couldnt fly with another airline because this was the only flight available on Friday and our partners were arriving on Friday evening, remember? I took a taxi to the airport to be there on time because you kept me too long in your office for the final instruction. I had to eat in good places because I had only business dinners, business lunches, business cocktails: I dont think a takeaway from McDonalds could have coped with the situation. I did spend the whole day with Mrs. Imamura because she became our most important customer in the Far East. If you had taken a look at the orders she placed with us, you could have noticed that. You know that Im not interested in flight attendants, but I am interested in developing our business in Canada: our partners arrived only at noon, on Sunday, and I had to get on the late Sunday flight back. This is why I came to the office later, as I took the .subway from the airport. Yours faithfully, Gerald

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