Tuesday, 2 February 2010
CANCEL LOANS?
YOU COULD SAVE £1000s! If you owe more than £2,500 on your loan or credit card, with at least 9 months left to pay your credit agreement may be unenforceable and you could save thousands of pounds
MONEY-SAVER
See if you qualify today, just take the test!
Prior to April 2007 a number of Credit Agreements were written incorrectly. This may give you the right to cancel your agreement and stop making repayments. Don't delay and start your claim today before it is too late, there is no obligation so you have nothing to lose.
Just some of the benefits:
We could write off your loans or credit cards.
Free advice, no obligation to proceed.
Fast and friendly service.
Expert Claims Specialist.
"Make your claim today, before your lenders change their terms; and it may be too late for you to claim. It is your right to cancel."
The Refund Test
Step 1 - About You
Title
Mr Mrs Miss Ms
First Name
Surname
Date of Birth
Home/Work Phone Number
Mobile Phone Number
Email address
House Number
Postcode
Step 2 - Refund Calculation
Loans
Credit Cards
How many do you have?
0 1 2 3 4 5 +
0 1 2 3 4 5 +
Do you owe more than £2500?
Yes No
Yes No
Were any taken before April 2007?
Yes No
Yes No
Do any have PPI?
Yes No
Yes No
More than 9 months left to pay?
Yes No
Did you borrow less than £25,000?
Yes No
Pay more than £120 per month?
Yes No
I have read and understand the privacy policy
We are registered and comply with the Data Protection Act (1998).
Prior to April 2007 a number of Credit Agreements were written incorrectly. This may give you the right to cancel your agreement and stop making repayments. Don't delay and start your claim today before it is too late, there is no obligation so you have nothing to lose.
Just some of the benefits:
We could write off your loans or credit cards.
Free advice, no obligation to proceed.
Fast and friendly service.
Expert Claims Specialist.
"Make your claim today, before your lenders change their terms; and it may be too late for you to claim. It is your right to cancel."
The Refund Test
Step 1 - About You
Title
Mr Mrs Miss Ms
First Name
Surname
Date of Birth
Home/Work Phone Number
Mobile Phone Number
Email address
House Number
Postcode
Step 2 - Refund Calculation
Loans
Credit Cards
How many do you have?
0 1 2 3 4 5 +
0 1 2 3 4 5 +
Do you owe more than £2500?
Yes No
Yes No
Were any taken before April 2007?
Yes No
Yes No
Do any have PPI?
Yes No
Yes No
More than 9 months left to pay?
Yes No
Did you borrow less than £25,000?
Yes No
Pay more than £120 per month?
Yes No
I have read and understand the privacy policy
We are registered and comply with the Data Protection Act (1998).
Sunday, 24 January 2010
CAN YOU WRITE OFF A CREDIT AGREEMENT?
CREDIT AGREEMENT CLAIM
DO YOU HAVE A COPY OF YOUR CREDIT AGREEMENT?
Our assessors will audit your agreement within 48hrs and provide a 20 page report including suggestions on what to do next. Go straight to monster claims shop to complete the credit agreement claims process now.
If you have a Consumer Credit Agreement with a balance between £2,500 and £25,000, the agreement itself may not comply with Consumer Credit Act of 1974. The amount you owe maybe declared unenforceable and you may not have to repay the debt
DO YOU HAVE A COPY OF YOUR CREDIT AGREEMENT?
Our assessors will audit your agreement within 48hrs and provide a 20 page report including suggestions on what to do next. Go straight to monster claims shop to complete the credit agreement claims process now.
If you have a Consumer Credit Agreement with a balance between £2,500 and £25,000, the agreement itself may not comply with Consumer Credit Act of 1974. The amount you owe maybe declared unenforceable and you may not have to repay the debt
DEBT MANAGEMENT SPECIALISTS
We will establish for you the correct debt help that is most suited to your personal circumstances.
specialise in debt management plans and over the years we have helped endless people to find solutions to their debt problems.We do not charge for any debt advice we offer you and will always ensure that the best debt solution is advised. If you would like us to work on your behalf and set you up on a debt management plan we will then charge a small fee, however you will find that the money that we save you in late payment fees and interest charged by your creditors will more than conpensate payment for our services.
We will strive to arrange an affordable monthly payment with your finance companies to put them at ease and stop hassling you.
one of the most the most professional and ethical firms in the industry. We have a mountain of knowledge and contacts within the finance industry that we can call on in order to assist you.We understand how stressful a debt problem can be. We know what a strain it can be for you personally and for your family. We are here to help you.
specialise in debt management plans and over the years we have helped endless people to find solutions to their debt problems.We do not charge for any debt advice we offer you and will always ensure that the best debt solution is advised. If you would like us to work on your behalf and set you up on a debt management plan we will then charge a small fee, however you will find that the money that we save you in late payment fees and interest charged by your creditors will more than conpensate payment for our services.
We will strive to arrange an affordable monthly payment with your finance companies to put them at ease and stop hassling you.
one of the most the most professional and ethical firms in the industry. We have a mountain of knowledge and contacts within the finance industry that we can call on in order to assist you.We understand how stressful a debt problem can be. We know what a strain it can be for you personally and for your family. We are here to help you.
UNFAIR LOAN AGREEMENTS
Many credit agreements are unenforceable because they do not comply with the Consumer Credit Act 1974 (CCA 74)
If a credit/loan agreement is unenforceable the remaining payments do not have to be paid and goods that have been purchased kept by the borrower.
There are many reasons a Credit Agreement can be unenforceable some of which are listed below
The rate of interest is not shown on the agreement
The agreement is not signed
Number of instalments not shown
Dates not in place
Total amount repayable not shown
Amount of credit borrowed
No Signature
The agreement does not state correctly how the borrower will make repayments
If a credit/loan agreement is unenforceable the remaining payments do not have to be paid and goods that have been purchased kept by the borrower.
There are many reasons a Credit Agreement can be unenforceable some of which are listed below
The rate of interest is not shown on the agreement
The agreement is not signed
Number of instalments not shown
Dates not in place
Total amount repayable not shown
Amount of credit borrowed
No Signature
The agreement does not state correctly how the borrower will make repayments
Financial Claims Specialists
Our claims processes are not geared around simple mis-selling; unlike other claims management companies we are not simply concerned with unfair bank charges or credit card charges. When we make a claim for you, we are looking to show that a contract is unenforceable, invalid or fundamentally flawed. If a contract has financial irregularities you may be entitled to financial redress and compensation.
CREDIT CARDS WRITTEN OFF!
WHO ELSE WOULD LIKE TO LEGALLY WRITE OFF THEIR CREDIT CARD AND LOAN DEBT?....................
Imagine the Feeling of Not Having to Worry About Repaying Your Credit Card and Loan Debt!
Did you know that many credit card agreements, store card and loan agreements are UNENFORCEABLE AGREEMENTS? WHY? Because they breach the 1974 Consumer Credit Act
HOW? Because they don’t contain the terms and conditions which the banks were obliged by law to write in your agreement.
SO? This makes them unenforceable agreements and the lender can't legally make you pay.
Hello from Julie Ashton,
We are all finding it difficult to manage our money at the moment. You don’t need me to tell you about the credit crunch and the situation with the global economy.
Debt is a huge burden for many of us and can leave us feeling helpless and hopeless. And I know that feeling all to well myself.
When I discovered that it is possible to have any credit agreement taken out before April 2007 written off through this perfectly legal process, I myself had my agreement checked.
I found it was an unenforceable agreement.
Now YOU too can have your agreements checked. If your agreements are unenforceable agreements a solicitor will work on your behalf to negotiate with your lender to write off the balance. No win no fee.
I decided to set up my own company Freedom Claims to help you do the same, and set you on the path to financial freedom.
Our mission is to be honest and straightforward and to give you the best possible service . The process is simple with just two forms to complete when you apply. We do all the work for you. We can also help you to claim back mis-sold Payment Protection Insurance (or PPI) if you have this on your loan or credit cards; or Accident Sickness and Unenmployment Insurance (ASU) on your mortgage.
Have a look at PPI Freedom for more about this.
Please feel free to call us with any questions you may have and we will be happy to help
Imagine the Feeling of Not Having to Worry About Repaying Your Credit Card and Loan Debt!
Did you know that many credit card agreements, store card and loan agreements are UNENFORCEABLE AGREEMENTS? WHY? Because they breach the 1974 Consumer Credit Act
HOW? Because they don’t contain the terms and conditions which the banks were obliged by law to write in your agreement.
SO? This makes them unenforceable agreements and the lender can't legally make you pay.
Hello from Julie Ashton,
We are all finding it difficult to manage our money at the moment. You don’t need me to tell you about the credit crunch and the situation with the global economy.
Debt is a huge burden for many of us and can leave us feeling helpless and hopeless. And I know that feeling all to well myself.
When I discovered that it is possible to have any credit agreement taken out before April 2007 written off through this perfectly legal process, I myself had my agreement checked.
I found it was an unenforceable agreement.
Now YOU too can have your agreements checked. If your agreements are unenforceable agreements a solicitor will work on your behalf to negotiate with your lender to write off the balance. No win no fee.
I decided to set up my own company Freedom Claims to help you do the same, and set you on the path to financial freedom.
Our mission is to be honest and straightforward and to give you the best possible service . The process is simple with just two forms to complete when you apply. We do all the work for you. We can also help you to claim back mis-sold Payment Protection Insurance (or PPI) if you have this on your loan or credit cards; or Accident Sickness and Unenmployment Insurance (ASU) on your mortgage.
Have a look at PPI Freedom for more about this.
Please feel free to call us with any questions you may have and we will be happy to help
UNENFORCEABLE AGREEMENTS
Unenforceable Agreements
CREDIT AGREEMENTS THAT MAY BE UNENFORCEABLE
it is our opinion that the vast majority of credit agreements coming into our business are unenforceable because they fail to comply with the prescribed terms, as set out in the Consumer Credit Act 1974 (CCA ’74). Credit agreements may be unenforceable if:
the agreement does not state the amount of credit.
Credit/Store cards do not state the credit limit or level of monthly repayment.
there is no rate of interest.
the agreement does not state how the borrower is to repay any credit by specifying the number of instalments, the amount of repayments, when they are due, their frequency and timing, and any powers available to the creditors to vary what is payable.
a consumer hire agreement does not contain information as to how a hirer is to discharge his/her obligations.
the agreement is not signed.
in the case of cancellable agreements, failure by the creditor or hirer to include, in an agreement or copy, notice of the right to cancel (in the prescribed form), or failure to supply a separate notice of a right to cancel where it is required.
There are other situations where an agreement can be challenged, which is why a detailed analysis is made on each individual case and an agreed debt reduction programme is discussed with you before contact is made with creditors.
IS IT MORALLY WRONG TO CHALLENGE AGREEMENTS?
Some people believe it is wrong to use the CCA ’74 technicalities as a means of assisting debtors in avoiding payments. One of the main themes to the Consumer Credit Act is that there is openness and honesty in lending. If these principals are to be pursued it is necessary that the options arising from the CCA ’74 rights, obligations and irregularities can be identified and, if necessary, challenged.
WHAT IF THE LOAN IS SECURED ON MY HOME?
Providing the loan is regulated under the Consumer Credit Act, we can assist you in challenging the agreement if it falls into one of the unenforceable categories listed above.
HELPLINE
If you require further advice before using our service please call us on the free helpline below.
Tel: 0845 8450140 Calls charged at National Rate
CREDIT AGREEMENTS THAT MAY BE UNENFORCEABLE
it is our opinion that the vast majority of credit agreements coming into our business are unenforceable because they fail to comply with the prescribed terms, as set out in the Consumer Credit Act 1974 (CCA ’74). Credit agreements may be unenforceable if:
the agreement does not state the amount of credit.
Credit/Store cards do not state the credit limit or level of monthly repayment.
there is no rate of interest.
the agreement does not state how the borrower is to repay any credit by specifying the number of instalments, the amount of repayments, when they are due, their frequency and timing, and any powers available to the creditors to vary what is payable.
a consumer hire agreement does not contain information as to how a hirer is to discharge his/her obligations.
the agreement is not signed.
in the case of cancellable agreements, failure by the creditor or hirer to include, in an agreement or copy, notice of the right to cancel (in the prescribed form), or failure to supply a separate notice of a right to cancel where it is required.
There are other situations where an agreement can be challenged, which is why a detailed analysis is made on each individual case and an agreed debt reduction programme is discussed with you before contact is made with creditors.
IS IT MORALLY WRONG TO CHALLENGE AGREEMENTS?
Some people believe it is wrong to use the CCA ’74 technicalities as a means of assisting debtors in avoiding payments. One of the main themes to the Consumer Credit Act is that there is openness and honesty in lending. If these principals are to be pursued it is necessary that the options arising from the CCA ’74 rights, obligations and irregularities can be identified and, if necessary, challenged.
WHAT IF THE LOAN IS SECURED ON MY HOME?
Providing the loan is regulated under the Consumer Credit Act, we can assist you in challenging the agreement if it falls into one of the unenforceable categories listed above.
HELPLINE
If you require further advice before using our service please call us on the free helpline below.
Tel: 0845 8450140 Calls charged at National Rate
Total Bank Charges Returned : £17,500,569 to 10384 people.
CAG Products - We think that these will help you to make your claim or Reclaim your Right
Terminating a Credit Agreement
The Consumer Credit Act (CCA) ensures that consumers have the ability to repay in full a loan by giving notice to the lender and paying off the outstanding sum. The CCA dictates exactly how the amount outstanding must be worked out, to ensure that borrowers are not ripped off by the loan companies. Additionally, borrowers are able to make a claim for the charges for the credit once taxes, duties and charges have been deducted. This is all stated in the CCA
When the lender works out the amount of the repayment due they use the date 28 days after they were informed by the customer that they will terminate the loan arrangement
Like Section 77-99 of the Consumer Credit Act, section 97 requires the lenders to provided detail of the repayment amount within twelve days of a request. If this is not done the loan becomes unenforceable until this is information is provided.
Ending Hire, Conditional Sale and Hire Purchase Agreements
With HP and Conditional Sale Arrangements the contract can be cancelled whenever the consumer likes. However, there's a need for al least half of the loan to have been repaid and the goods have to have been looked after. For hire arrangements termination can only take place after 18 months or earlier if this is stated in the contract.
As a Reminder: Credit Agreements Explained
1 Credit Sale
The credit sale agreement is usually used for high-priced purchases such as luxury goods, cars and home improvements. It is essentially a loan for the purchase price of the item with the money being paid over a fixed period of time in equal monthly instalments.. The consumer might have to pay a deposit, and there may not be anything to pay for an initial period. It doesn't matter how it is done, you will own the goods as soon as the contract has been signed, even though you may have paid nothing. If an agreement is promoted as being 0% interest, you will have to repay the outstanding balance within a stipulated period, otherwise the money owed will become part of a where you will have to pay interest.
2 Conditional Sale Arrangements
The Conditional Sale Arrangement is like to the HP agreement already described. However, you won't actually own the items till you have paid off the loan. In addition, there could be additional conditions which must be met before you can claim ownership.
3 Hire Contracts
This is the hire of goods in return for a monthly payment. You never actually own the goods and have to either enter into a new arrangement when the current agreement or give back the goods. If you can't pay or give back the goods early you are liable for the outstanding amount.
4 HP (Hire Purchase)
With HP credit agreements, you pay monthly to hire the goods. However, you won't own it before the last payment has been made. It is not uncommon for this type of arrangement to have a balloon payment (lump sum) at the end or the arrangement.
For more information visit www.consumercreditact.org.uk
I am a contributor to: Consumer Credit Act 1974
Article Source: http://EzineArticles.com/?expert=Josh_Whittle
When the lender works out the amount of the repayment due they use the date 28 days after they were informed by the customer that they will terminate the loan arrangement
Like Section 77-99 of the Consumer Credit Act, section 97 requires the lenders to provided detail of the repayment amount within twelve days of a request. If this is not done the loan becomes unenforceable until this is information is provided.
Ending Hire, Conditional Sale and Hire Purchase Agreements
With HP and Conditional Sale Arrangements the contract can be cancelled whenever the consumer likes. However, there's a need for al least half of the loan to have been repaid and the goods have to have been looked after. For hire arrangements termination can only take place after 18 months or earlier if this is stated in the contract.
As a Reminder: Credit Agreements Explained
1 Credit Sale
The credit sale agreement is usually used for high-priced purchases such as luxury goods, cars and home improvements. It is essentially a loan for the purchase price of the item with the money being paid over a fixed period of time in equal monthly instalments.. The consumer might have to pay a deposit, and there may not be anything to pay for an initial period. It doesn't matter how it is done, you will own the goods as soon as the contract has been signed, even though you may have paid nothing. If an agreement is promoted as being 0% interest, you will have to repay the outstanding balance within a stipulated period, otherwise the money owed will become part of a where you will have to pay interest.
2 Conditional Sale Arrangements
The Conditional Sale Arrangement is like to the HP agreement already described. However, you won't actually own the items till you have paid off the loan. In addition, there could be additional conditions which must be met before you can claim ownership.
3 Hire Contracts
This is the hire of goods in return for a monthly payment. You never actually own the goods and have to either enter into a new arrangement when the current agreement or give back the goods. If you can't pay or give back the goods early you are liable for the outstanding amount.
4 HP (Hire Purchase)
With HP credit agreements, you pay monthly to hire the goods. However, you won't own it before the last payment has been made. It is not uncommon for this type of arrangement to have a balloon payment (lump sum) at the end or the arrangement.
For more information visit www.consumercreditact.org.uk
I am a contributor to: Consumer Credit Act 1974
Article Source: http://EzineArticles.com/?expert=Josh_Whittle
Prenuptial Agreements - Because There's No Such Thing As a Fairytale Marriage
You're a world-class fashion model on a photo shoot for Italian Vogue in Machu Picchu. After the shoot, an incredibly handsome tour guide, his beautiful brown eyes radiating softness, offers to show you a nearby sacred site. "Yes, I'd love to go," you coo. Following him up the slippery, serpentine trail, your gaze is helplessly fixed on his perfectly shaped butt and legs. Later, when you sit together, gazing westward across the stunning valley of the Urubamba, he explains its ancient mysteries. You suddenly realize you're falling madly in love.
A week later, at your East Hampton summer beach house, and over your daddy's acerbic protestations, you marry the tour guide in a private ceremony overlooking the sparkling ocean.
Then, shortly after returning to Manhattan, as you pass Bathazar in Soho on your way to a business meeting, you suddenly recognize your true love seated at the bar. A beautiful girl sits alongside, leaning against him, giggling while whispering sexily into his ear. Neither of them, of course, pays the slightest attention to their surroundings.
All of your amorous illusions instantly crash and burn.
A sensational divorce follows. Incredibly, the former tour guide walks away with your East Hampton summer beach house, and three million in cash. You're left feeling like a homeless war refugee.
Hopeless romantics often make serious blunders when choosing a matrimonial partner. In today's economically sobering climate, it's little wonder why so many individuals turn steely-eyed in drafting prenuptial agreements before cementing their plans for matrimonial "bliss."
What Is It?
Lawyers specializing in prenuptial agreements spell out, often in painfully meticulous terms, exactly what happens if your marriage suddenly - or slowly - hits a brick wall. Prenuptial agreements are designed to protect all the material assets upon which your financial and emotional well-being ultimately depend.
Prenuptial agreements crafted by knowledgeable attorneys can help spouses responsibly manage ownership of assets while enjoying their marriage. Agreements address issues like taxes and the filing of individual or joint returns. They also address real-estate matters. For instance, if you're a penniless poet, and plan to reside in a house owned by your lovely millionaire soon-to-be wife, the prenuptial agreement will thoughtfully articulate what, if any, house-related payments you would be required to make. Inheritance rights are also carefully drafted in prenuptial agreements. And, of course, before excitedly skipping down Madison Avenue to choose a Vera Wang wedding dress, a wise prenuptial lawyer will soberly contemplate how things will be divvied up in the event your fresh-faced fiancé turns out to be a card-carrying lunatic.
Who Needs It?
Anyone who might be concerned about losing control of his or her financial and material assets, as a result of getting married, will want a prenuptial agreement.
Benefits
Prenups can be especially helpful when you, or both you and fiancé, possess serious assets. Often amorous couples settle on a "yours is yours and mine is mine" legal approach. If the marriage suddenly turns out to a nasty cat-and-dog fight, or simply sinks into a depressing and bewildering abyss, each spouse gets to retain all the priceless property they owned prior to taking that risky walk down the aisle. Neither party can claim the other's property. Any assets acquired during the time span of the marriage are usually divided equally. But skilled attorneys can also alter those rights according to your particular ownership interests. Additionally, you may want to opt out of the default state laws, which can vary widely on legal interpretations of what's deemed an "equitable" distribution of communal or marital property.
Risks
The only thing worse than having no prenup is having an unenforceable prenup. That is, one that's sloppily drafted, or as is generally the case, not honored outside the United States.
Moreover, most American judges don't like prenups, either. They deem them unfair to the spouse with the least money. So it's essential that any attorney you hire rigorously follows all formalities, including guaranteeing that Mr. or Miss Right receives scrupulous legal counsel. Full disclosure is paramount as well. Each party must divulge the entire nature and extent of his or her assets in writing.
A final risk in drafting a bulletproof prenuptial agreement, and one not to be taken lightly, is entailed when you fail to recognize that all negotiations are, by their very nature, adversarial. In other words, by the time your precious document's ready to be signed, that magic feeling may have evaporated into thin air.
Robert Rava is a writer for Yodle, a business directory and online advertising company. Find a lawyer or more legal service articles at Yodle Consumer Guide.
Article Source: http://EzineArticles.com/?expert=Robert_Rava
A week later, at your East Hampton summer beach house, and over your daddy's acerbic protestations, you marry the tour guide in a private ceremony overlooking the sparkling ocean.
Then, shortly after returning to Manhattan, as you pass Bathazar in Soho on your way to a business meeting, you suddenly recognize your true love seated at the bar. A beautiful girl sits alongside, leaning against him, giggling while whispering sexily into his ear. Neither of them, of course, pays the slightest attention to their surroundings.
All of your amorous illusions instantly crash and burn.
A sensational divorce follows. Incredibly, the former tour guide walks away with your East Hampton summer beach house, and three million in cash. You're left feeling like a homeless war refugee.
Hopeless romantics often make serious blunders when choosing a matrimonial partner. In today's economically sobering climate, it's little wonder why so many individuals turn steely-eyed in drafting prenuptial agreements before cementing their plans for matrimonial "bliss."
What Is It?
Lawyers specializing in prenuptial agreements spell out, often in painfully meticulous terms, exactly what happens if your marriage suddenly - or slowly - hits a brick wall. Prenuptial agreements are designed to protect all the material assets upon which your financial and emotional well-being ultimately depend.
Prenuptial agreements crafted by knowledgeable attorneys can help spouses responsibly manage ownership of assets while enjoying their marriage. Agreements address issues like taxes and the filing of individual or joint returns. They also address real-estate matters. For instance, if you're a penniless poet, and plan to reside in a house owned by your lovely millionaire soon-to-be wife, the prenuptial agreement will thoughtfully articulate what, if any, house-related payments you would be required to make. Inheritance rights are also carefully drafted in prenuptial agreements. And, of course, before excitedly skipping down Madison Avenue to choose a Vera Wang wedding dress, a wise prenuptial lawyer will soberly contemplate how things will be divvied up in the event your fresh-faced fiancé turns out to be a card-carrying lunatic.
Who Needs It?
Anyone who might be concerned about losing control of his or her financial and material assets, as a result of getting married, will want a prenuptial agreement.
Benefits
Prenups can be especially helpful when you, or both you and fiancé, possess serious assets. Often amorous couples settle on a "yours is yours and mine is mine" legal approach. If the marriage suddenly turns out to a nasty cat-and-dog fight, or simply sinks into a depressing and bewildering abyss, each spouse gets to retain all the priceless property they owned prior to taking that risky walk down the aisle. Neither party can claim the other's property. Any assets acquired during the time span of the marriage are usually divided equally. But skilled attorneys can also alter those rights according to your particular ownership interests. Additionally, you may want to opt out of the default state laws, which can vary widely on legal interpretations of what's deemed an "equitable" distribution of communal or marital property.
Risks
The only thing worse than having no prenup is having an unenforceable prenup. That is, one that's sloppily drafted, or as is generally the case, not honored outside the United States.
Moreover, most American judges don't like prenups, either. They deem them unfair to the spouse with the least money. So it's essential that any attorney you hire rigorously follows all formalities, including guaranteeing that Mr. or Miss Right receives scrupulous legal counsel. Full disclosure is paramount as well. Each party must divulge the entire nature and extent of his or her assets in writing.
A final risk in drafting a bulletproof prenuptial agreement, and one not to be taken lightly, is entailed when you fail to recognize that all negotiations are, by their very nature, adversarial. In other words, by the time your precious document's ready to be signed, that magic feeling may have evaporated into thin air.
Robert Rava is a writer for Yodle, a business directory and online advertising company. Find a lawyer or more legal service articles at Yodle Consumer Guide.
Article Source: http://EzineArticles.com/?expert=Robert_Rava
Help and Advice About Unfair Credit Agreements
There are actual companies online that can check your credit agreements and make sure that they comply with the Consumer Credit Act of 1974. So why would you want something like this? Well, if you find that a you have signed up to an unfair credit agreement, you can get the Solicitors to act on your behalf to have any outstanding debt written off. These Solicitors can "audit" all agreements between 5,000 pounds and 25,000 pounds including:
Secured Loans Unsecured Loans Hire Purchase Consolidation Loans Car Loans/Finance Credit Cards and Store Cards
Well over 50 million credit agreements are created in the UK every single year and according to sources over 25 million of those could be unenforceable by law! If the solicitor can help you with something like this, they claim that you can keep 100% of any final settlement plus interest. You will also get to keep any products, services or good purchased beforehand. The consumer credit act was first created to protect the UK consumers, however, the original terms that allows the consumer to be protected weren't clear enough. In the years that followed the credit industry was given free rein with little resistance from consumers. In recent years these unclear terms have now been changed as a result of the Consumer Credit Act of 2006 which makes it 100% clear to all parties involved that consumers are allows to challenge a situtaion if they see it to be an unfair credit agreement.
These companies check and recheck that your current agreement complies with the terms defined in the original documents, this credit act still exists today to protect the rights of lenders and borrowers who are in contract with each other. So how does something like this work exactly? First things first, you have to find a company or website online that offers this kind of protection, then once you find the site I suggest you taking some time to read up on any information they may have on their website. Unfair credit agreements can be a complex thing and the process must be followed carefully. Check the "who we are" and the "how it works" section, also be sure to check the FAQ section for any questions you might have. Listed below are some of the steps the company may ask of you in order to make a claim:
Fill in the online claim form. They will ask questions such as; name, email, address, how many credit agreements of yours are outstanding, name of lender, etc.
The company will send you a claim pack that includes a letter of authority allowing said company and a solicitor to deal with your credit agreement provider.
They will need copies of your original credit agreement if you still have them.
Once they receive the above information they will evaluate the claim and either move on with the claim or if nothing has been "broken" they will let you know.
On settlement of your claim you keep 100% of settlement plus any interest.
The best thing about this process is that you will never have to talk directly to your creditors. The company that deals with all of this will have a solicitor or legal counsel talk to the creditors on your behalf. Personally, I like this idea because a lot of times credit companies try to strong hold you or use scare tactics in order to get you to do what they want. In this situation you won't have to worry about any of that, it's completely safe, legal, and protected. If you would like to find sites online that deal with this kind of process please visit your favorite search engine for more information about this easy and convenient service!
This author is a HUGE fan of Unfair Credit Agreements
Article Source: http://EzineArticles.com/?expert=Kristi_Ambrose
Secured Loans Unsecured Loans Hire Purchase Consolidation Loans Car Loans/Finance Credit Cards and Store Cards
Well over 50 million credit agreements are created in the UK every single year and according to sources over 25 million of those could be unenforceable by law! If the solicitor can help you with something like this, they claim that you can keep 100% of any final settlement plus interest. You will also get to keep any products, services or good purchased beforehand. The consumer credit act was first created to protect the UK consumers, however, the original terms that allows the consumer to be protected weren't clear enough. In the years that followed the credit industry was given free rein with little resistance from consumers. In recent years these unclear terms have now been changed as a result of the Consumer Credit Act of 2006 which makes it 100% clear to all parties involved that consumers are allows to challenge a situtaion if they see it to be an unfair credit agreement.
These companies check and recheck that your current agreement complies with the terms defined in the original documents, this credit act still exists today to protect the rights of lenders and borrowers who are in contract with each other. So how does something like this work exactly? First things first, you have to find a company or website online that offers this kind of protection, then once you find the site I suggest you taking some time to read up on any information they may have on their website. Unfair credit agreements can be a complex thing and the process must be followed carefully. Check the "who we are" and the "how it works" section, also be sure to check the FAQ section for any questions you might have. Listed below are some of the steps the company may ask of you in order to make a claim:
Fill in the online claim form. They will ask questions such as; name, email, address, how many credit agreements of yours are outstanding, name of lender, etc.
The company will send you a claim pack that includes a letter of authority allowing said company and a solicitor to deal with your credit agreement provider.
They will need copies of your original credit agreement if you still have them.
Once they receive the above information they will evaluate the claim and either move on with the claim or if nothing has been "broken" they will let you know.
On settlement of your claim you keep 100% of settlement plus any interest.
The best thing about this process is that you will never have to talk directly to your creditors. The company that deals with all of this will have a solicitor or legal counsel talk to the creditors on your behalf. Personally, I like this idea because a lot of times credit companies try to strong hold you or use scare tactics in order to get you to do what they want. In this situation you won't have to worry about any of that, it's completely safe, legal, and protected. If you would like to find sites online that deal with this kind of process please visit your favorite search engine for more information about this easy and convenient service!
This author is a HUGE fan of Unfair Credit Agreements
Article Source: http://EzineArticles.com/?expert=Kristi_Ambrose
What The Heck Is A Prenuptial Agreement?
If the marriage fails it explains how the assets will be split up. If support will be paid to one or both parties and who will be responsible for paying the lawyer.
Almost half the states have adopted the Uniform Premarital Agreement Act. For the states that haven’t you should look into the law of the state, to see whether or not a contract can be entered into between the partners. Both parties must both be a financial position to enter into a contract and of an age that is acceptable in the state they live.
Both partners must also with total honesty reveal their assets and so later if things don’t work out, the other party can not claim fraud which would make the contract invalid. If someone lies and it is proven the facts entered are not accurate or the extent of his or her property is not accurate the contract will be ruled void. There can be no pressure or duress in an attempt to get the upper hand. Both parties must have an opportunity to review the contract and decide if the contract is fair and to enter into the contract of their own free will. Sometimes, prenuptial agreements are ruled void because the prenuptial agreement appeared right before the wedding and putting the person in a stressful position which is in violation of the law.
Both parties must be sign the prenuptial agreement, and they must each have their own Attorney. Besides protecting the assets of each party, there is also the concern of protecting children from a prior marriage. You want to be certain that assets that existed prior to the marriage remain separate so as not to create a dispute over inheritance between between children from the other partner. You must be sure to protect yourself and your children, and above all take your time as haste makes waste.
Is it Possible for a Prenuptial Agreement to be challenged?
Anything can be challenged, but if you cross your T’s and dot you I’s, it is less likely that the challenge will be successful. The contract can be attacked if the law has not been followed of one or both of the parties were dishonest concerning financial or personal information, or they did not reveal everything required. Sometimes it is very hard to prove the true assets as people in a strong financial position as they can create corporation where their name is not listed. You have to leave this up to your lawyer and if the relationship ends it will call for a more detailed search. The burden rests with the party seeking to establish that the agreement is unenforceable.
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com
Article Source: http://EzineArticles.com/?expert=Jeffrey_Broobin
Almost half the states have adopted the Uniform Premarital Agreement Act. For the states that haven’t you should look into the law of the state, to see whether or not a contract can be entered into between the partners. Both parties must both be a financial position to enter into a contract and of an age that is acceptable in the state they live.
Both partners must also with total honesty reveal their assets and so later if things don’t work out, the other party can not claim fraud which would make the contract invalid. If someone lies and it is proven the facts entered are not accurate or the extent of his or her property is not accurate the contract will be ruled void. There can be no pressure or duress in an attempt to get the upper hand. Both parties must have an opportunity to review the contract and decide if the contract is fair and to enter into the contract of their own free will. Sometimes, prenuptial agreements are ruled void because the prenuptial agreement appeared right before the wedding and putting the person in a stressful position which is in violation of the law.
Both parties must be sign the prenuptial agreement, and they must each have their own Attorney. Besides protecting the assets of each party, there is also the concern of protecting children from a prior marriage. You want to be certain that assets that existed prior to the marriage remain separate so as not to create a dispute over inheritance between between children from the other partner. You must be sure to protect yourself and your children, and above all take your time as haste makes waste.
Is it Possible for a Prenuptial Agreement to be challenged?
Anything can be challenged, but if you cross your T’s and dot you I’s, it is less likely that the challenge will be successful. The contract can be attacked if the law has not been followed of one or both of the parties were dishonest concerning financial or personal information, or they did not reveal everything required. Sometimes it is very hard to prove the true assets as people in a strong financial position as they can create corporation where their name is not listed. You have to leave this up to your lawyer and if the relationship ends it will call for a more detailed search. The burden rests with the party seeking to establish that the agreement is unenforceable.
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com
Article Source: http://EzineArticles.com/?expert=Jeffrey_Broobin
Tenancy Agreement Reminder in OFT Victory
Earlier this year the High Court ruled that certain terms and conditions used by a letting agent in its contracts with landlords were unfair.
The terms in question allowed the letting agent to charge repeat renewal commission when tenants stayed on in a rental property after the initial fixed period tenancy had expired, even if the firm had played no part in persuading the tenant to stay, and did not collect the rent or manage the property. They also required landlords to pay commission to the letting agent even after it had sold the property, and were allowed to receive a full estate agents' commission for sale of the property to a tenant.
Although the OFT was on this occasion jumping to the defence of landlords, it is equally concerned that landlords do not themselves impose unfair terms on tenants.
Tenancy agreements are contracts between a landlord and a tenant, or tenants. They set out the terms under which the landlord lets and the tenant rents the property.
Landlord and tenant are not entirely free to agree whatever terms they wish - or at least the terms included will not necessarily be enforceable in every respect.
Assured shorthold tenancy agreements - the default type of agreement - are subject to Housing Act and Common Law constraints. No matter what the tenancy agreement says, for example, landlords cannot impose more stringent notice periods than required by legislation, or throw off their duty of care towards tenants.
Neither can landlords enforce terms added into an agreement which are 'unfair' under the Unfair Terms in Consumer Contracts Regulations.
In fact the Office of Fair Trading has long ago issued guidance on the implications of these regulations for tenancy agreements. In its Guidance on unfair terms in tenancy agreements, the OFT warns that the relationship between the regulations and landlord and tenant law is complex. The guidance reflects its views and sets out the basis on which it is likely to take enforcement action but 'it is for the courts to decide whether any term is unfair'.
The regulations say that to be enforceable most terms that have not been individually negotiated must be fair to both parties - terms that set the rent or describe the main essence of the agreement and are central to it are not subject to the 'fairness' test. However, all the terms of the tenancy agreement must be in 'plain and intelligible language'.
'If a term is illegible or hidden away in small print as if it were unimportant, the test of fairness is still likely to apply', says the OFT.
'In assessing fairness, we take note of how a term could be used. A term is open to challenge if it is drafted so widely that it could be relied on in a way to harm consumers. It may be considered unfair if it could have an unfair effect, even if it is not at present being used unfairly in practice and there is no intention to use it unfairly. In such cases landlords could achieve fairness by redrafting the term more precisely, so that it reflects their practice and intentions'.
The OFT says it is likely to object to disclaimers that try to exclude or limit liability for breach of 'implied' terms.
Also, wwe object to terms allowing landlords to seek to deprive tenants of compensation in any circumstances in which they would normally be entitled to it by law.
'General disclaimers such as those stating that visitors enter premises 'at their own risk' could have the effect of excluding liability for death or personal injury. Even if the landlord does not intend to use the term in this way, it may still be unfair.
Such terms may be acceptable if they are qualified so that liability for loss or harm is accepted if the landlord is at fault, or is disclaimed only where someone else, or a factor outside anyone's control, is to blame'.
And the OFT says it would regard any term having the effect of transferring landlords' statutory obligations to their tenants as being unfair. So landlords cannot, for example, make their tenants responsible for undertaking annual gas safety checks.
It also has 'concerns' over terms that have the object or effect of protecting landlords from liability to tenants for defects in the premises let to them, for which the landlord would otherwise be liable. 'We also regard terms that give incomplete information about the landlord's repairing responsibilities as potentially unfair, because they can be misleading'.
And the OFT 'objects' to terms that require the tenant to carry out repairs that are legally the responsibility of the landlord. 'These terms are void, unenforceable and misleading'.
For a contract to be considered balanced, each party's rights must remain enforceable against the other for as long as is reasonably necessary. Where the parties have not agreed a definite period, the law allows a reasonable time for making claims.
'We would object to a term that imposes a shorter time than is reasonable, putting tenants at risk of losing their rights to redress before they would normally lapse by law'.
The OFT is also likely to object to terms that appear to allow landlords to refuse to carry out repairs if tenants do not notify them of damage to the property immediately or within an unduly short period of time. 'Landlords are not entitled to avoid their legal responsibilities towards tenants who are unable to notify them or their agent of a need for repairs immediately for reasons beyond their control and involving no fault on their part'.
Other terms considered unfair by the OFT include an 'excessive' right for the landlord to enter the rented property. 'Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants "exclusive possession" and "quiet enjoyment" of the premises during the tenancy.
In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason'.
The regulations say that unfair terms are not binding on consumers. It is open consumers themselves to challenge terms they consider unfair.
Under the Regulations the OFT has a duty to consider any complaint it receives about unfair standard terms. Where the OFT considers a term to be unfair, it has the power to take action on behalf of consumers in general to
Any tenant who believes the terms included in a tenancy agreement are unfair can contact the OFT or their local trading standards service.
If you require an up to date and reliable tenancy agreement go to Tenancy-agreements.net where you find a selection of tenancy agreement templates, that can be tailored to meet exact requirements.
Article Source: http://EzineArticles.com/?expert=Karl_Hopkins
The terms in question allowed the letting agent to charge repeat renewal commission when tenants stayed on in a rental property after the initial fixed period tenancy had expired, even if the firm had played no part in persuading the tenant to stay, and did not collect the rent or manage the property. They also required landlords to pay commission to the letting agent even after it had sold the property, and were allowed to receive a full estate agents' commission for sale of the property to a tenant.
Although the OFT was on this occasion jumping to the defence of landlords, it is equally concerned that landlords do not themselves impose unfair terms on tenants.
Tenancy agreements are contracts between a landlord and a tenant, or tenants. They set out the terms under which the landlord lets and the tenant rents the property.
Landlord and tenant are not entirely free to agree whatever terms they wish - or at least the terms included will not necessarily be enforceable in every respect.
Assured shorthold tenancy agreements - the default type of agreement - are subject to Housing Act and Common Law constraints. No matter what the tenancy agreement says, for example, landlords cannot impose more stringent notice periods than required by legislation, or throw off their duty of care towards tenants.
Neither can landlords enforce terms added into an agreement which are 'unfair' under the Unfair Terms in Consumer Contracts Regulations.
In fact the Office of Fair Trading has long ago issued guidance on the implications of these regulations for tenancy agreements. In its Guidance on unfair terms in tenancy agreements, the OFT warns that the relationship between the regulations and landlord and tenant law is complex. The guidance reflects its views and sets out the basis on which it is likely to take enforcement action but 'it is for the courts to decide whether any term is unfair'.
The regulations say that to be enforceable most terms that have not been individually negotiated must be fair to both parties - terms that set the rent or describe the main essence of the agreement and are central to it are not subject to the 'fairness' test. However, all the terms of the tenancy agreement must be in 'plain and intelligible language'.
'If a term is illegible or hidden away in small print as if it were unimportant, the test of fairness is still likely to apply', says the OFT.
'In assessing fairness, we take note of how a term could be used. A term is open to challenge if it is drafted so widely that it could be relied on in a way to harm consumers. It may be considered unfair if it could have an unfair effect, even if it is not at present being used unfairly in practice and there is no intention to use it unfairly. In such cases landlords could achieve fairness by redrafting the term more precisely, so that it reflects their practice and intentions'.
The OFT says it is likely to object to disclaimers that try to exclude or limit liability for breach of 'implied' terms.
Also, wwe object to terms allowing landlords to seek to deprive tenants of compensation in any circumstances in which they would normally be entitled to it by law.
'General disclaimers such as those stating that visitors enter premises 'at their own risk' could have the effect of excluding liability for death or personal injury. Even if the landlord does not intend to use the term in this way, it may still be unfair.
Such terms may be acceptable if they are qualified so that liability for loss or harm is accepted if the landlord is at fault, or is disclaimed only where someone else, or a factor outside anyone's control, is to blame'.
And the OFT says it would regard any term having the effect of transferring landlords' statutory obligations to their tenants as being unfair. So landlords cannot, for example, make their tenants responsible for undertaking annual gas safety checks.
It also has 'concerns' over terms that have the object or effect of protecting landlords from liability to tenants for defects in the premises let to them, for which the landlord would otherwise be liable. 'We also regard terms that give incomplete information about the landlord's repairing responsibilities as potentially unfair, because they can be misleading'.
And the OFT 'objects' to terms that require the tenant to carry out repairs that are legally the responsibility of the landlord. 'These terms are void, unenforceable and misleading'.
For a contract to be considered balanced, each party's rights must remain enforceable against the other for as long as is reasonably necessary. Where the parties have not agreed a definite period, the law allows a reasonable time for making claims.
'We would object to a term that imposes a shorter time than is reasonable, putting tenants at risk of losing their rights to redress before they would normally lapse by law'.
The OFT is also likely to object to terms that appear to allow landlords to refuse to carry out repairs if tenants do not notify them of damage to the property immediately or within an unduly short period of time. 'Landlords are not entitled to avoid their legal responsibilities towards tenants who are unable to notify them or their agent of a need for repairs immediately for reasons beyond their control and involving no fault on their part'.
Other terms considered unfair by the OFT include an 'excessive' right for the landlord to enter the rented property. 'Under any kind of lease or tenancy, a landlord is required by common law to allow his tenants "exclusive possession" and "quiet enjoyment" of the premises during the tenancy.
In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. Landlords are unfairly disregarding that basic obligation if they reserve a right to enter the property without giving reasonable notice or getting the tenant's consent, except for good reason'.
The regulations say that unfair terms are not binding on consumers. It is open consumers themselves to challenge terms they consider unfair.
Under the Regulations the OFT has a duty to consider any complaint it receives about unfair standard terms. Where the OFT considers a term to be unfair, it has the power to take action on behalf of consumers in general to
Any tenant who believes the terms included in a tenancy agreement are unfair can contact the OFT or their local trading standards service.
If you require an up to date and reliable tenancy agreement go to Tenancy-agreements.net where you find a selection of tenancy agreement templates, that can be tailored to meet exact requirements.
Article Source: http://EzineArticles.com/?expert=Karl_Hopkins
UK Compromise Agreements - Get Independent Advice
Employers should beware.
The compromise agreements they are currently handing out like confetti to departing employees may well not be valid, particularly if the Employee has not had proper independent legal advice.
Compromise agreements are part of everyday life for Employers in this era of mass redundancies because getting the Employee to sign one means that the termination payment is accepted in full and final settlement and the Employer cannot be sued later. In this sense they are there to protect the Employer.
However, one of the key requirements for a valid compromise agreement is that the Employee gets proper, independent legal advice from an independent solicitor. Section 203 of The Employment Rights Act 1996 is quite specific. The compromise agreement must identify the independent adviser. The Employee must have received legal advice from a relevant independent adviser on the effect of the compromise agreement and the independent adviser must have a current contract of professional indemnity insurance, covering the risk of a claim against them by the Employee in respect of the advice. Further, the lawyer must certify that his firm is not acting for the Employer. So the statute is pretty clear and the independence of the Employee's solicitor is a key factor in deciding whether the compromise agreement is valid. In addition, no law firm should ever accept instructions if that would result in a conflict of interest.
What if the Employer 'recommends' the solicitor to which the Employee should go for advice on the compromise agreement or agrees only to pay the legal costs if the Employee uses that particular firm? What if that firm gets a constant stream of instructions on compromise agreements from the same Employer and is paid between £350 to £950 each time? Do you think that firm can be regarded as 'independent'? Do you think that might give rise to a conflict of interest?
It is not surprising that such 'recommended' firms may well, in these circumstances, be reluctant to negotiate on the Employees behalf and are far too ready to accept that the first offer is the best offer available. They may be too keen to breeze through the compromise agreement or explain it in very general terms and seem keen to get Employees in and out through the door as quickly as possible.
Employers should therefore be very wary of providing Employees with a recommended firm. At the very least the Employer should provide the Employee with a list of firms that can advise on compromise agreements and the list should be a long list. We would suggest there should be at least 10 firms on the recommended list. The Employer should not say that they will only pay for the legal advice if given by either one or two named law firms and the Employee should always be told that they are free to take advice from any firm of their choosing. The practice of 'bulk advice' being given to departing Employees at the Employers premises on an appointed day is also likely to call into question whether the employee has truly been given independent legal advice as the law requires.
Employers should monitor how dependent one particular firm may become on the income generated by referred compromise agreements. This is particularly important for large Employers, where one law firm is used regularly and is earning substantial fees. Any law firm advising on a compromise agreement ultimately needs to be free to recommend that the Employee sue their Employer. If a law firm is regularly in receipt of a substantial fee income from that Employer they may well be reluctant to "rock the boat" by recommending further negotiations or litigation.
If the Employer tries too hard to control the manner in which the Employee receives independent advice, the compromise agreements may well be totally unenforceable and the Employer may find himself embroiled in litigation that he sought so hard to avoid.
For truly independent advice on compromise agreements visit Independent Advice on Your Compromise Agreement .....and always make sure that independent means just that.
Free Legal Advice on UK Employment Lawhttp://www.compromiseagreements.net
Article Source: http://EzineArticles.com/?expert=Chris_Sherliker
The compromise agreements they are currently handing out like confetti to departing employees may well not be valid, particularly if the Employee has not had proper independent legal advice.
Compromise agreements are part of everyday life for Employers in this era of mass redundancies because getting the Employee to sign one means that the termination payment is accepted in full and final settlement and the Employer cannot be sued later. In this sense they are there to protect the Employer.
However, one of the key requirements for a valid compromise agreement is that the Employee gets proper, independent legal advice from an independent solicitor. Section 203 of The Employment Rights Act 1996 is quite specific. The compromise agreement must identify the independent adviser. The Employee must have received legal advice from a relevant independent adviser on the effect of the compromise agreement and the independent adviser must have a current contract of professional indemnity insurance, covering the risk of a claim against them by the Employee in respect of the advice. Further, the lawyer must certify that his firm is not acting for the Employer. So the statute is pretty clear and the independence of the Employee's solicitor is a key factor in deciding whether the compromise agreement is valid. In addition, no law firm should ever accept instructions if that would result in a conflict of interest.
What if the Employer 'recommends' the solicitor to which the Employee should go for advice on the compromise agreement or agrees only to pay the legal costs if the Employee uses that particular firm? What if that firm gets a constant stream of instructions on compromise agreements from the same Employer and is paid between £350 to £950 each time? Do you think that firm can be regarded as 'independent'? Do you think that might give rise to a conflict of interest?
It is not surprising that such 'recommended' firms may well, in these circumstances, be reluctant to negotiate on the Employees behalf and are far too ready to accept that the first offer is the best offer available. They may be too keen to breeze through the compromise agreement or explain it in very general terms and seem keen to get Employees in and out through the door as quickly as possible.
Employers should therefore be very wary of providing Employees with a recommended firm. At the very least the Employer should provide the Employee with a list of firms that can advise on compromise agreements and the list should be a long list. We would suggest there should be at least 10 firms on the recommended list. The Employer should not say that they will only pay for the legal advice if given by either one or two named law firms and the Employee should always be told that they are free to take advice from any firm of their choosing. The practice of 'bulk advice' being given to departing Employees at the Employers premises on an appointed day is also likely to call into question whether the employee has truly been given independent legal advice as the law requires.
Employers should monitor how dependent one particular firm may become on the income generated by referred compromise agreements. This is particularly important for large Employers, where one law firm is used regularly and is earning substantial fees. Any law firm advising on a compromise agreement ultimately needs to be free to recommend that the Employee sue their Employer. If a law firm is regularly in receipt of a substantial fee income from that Employer they may well be reluctant to "rock the boat" by recommending further negotiations or litigation.
If the Employer tries too hard to control the manner in which the Employee receives independent advice, the compromise agreements may well be totally unenforceable and the Employer may find himself embroiled in litigation that he sought so hard to avoid.
For truly independent advice on compromise agreements visit Independent Advice on Your Compromise Agreement .....and always make sure that independent means just that.
Free Legal Advice on UK Employment Lawhttp://www.compromiseagreements.net
Article Source: http://EzineArticles.com/?expert=Chris_Sherliker
Should Businesses Risk Using Form Agreements From the Internet?
You can find anything on the Internet. That includes form legal documents. However, just because you can find a form legal document that seems to pertain to your particular situation, should you use it? In the majority of instances the answer is no. Is that simply a self-serving answer from a lawyer or is there a rational basis for the answer? Read on and make your own determination.
Let me provide you with a peek into how I and many other attorneys draft contracts. At the core of the process is a skill you learned in kindergarten: cutting and pasting. Even when I am drafting a contract involving a subject matter that is new to me, there is always some component of reusing clauses and parts of agreements that I have used before. The primary driving force behind this is efficiency: if I do not have to draft everything from scratch, then I can deliver the contract to my client far more quickly (and cheaply). Moreover, I am able to reuse clauses that I have spent considerable time tweaking to get just right. In effect, the contracts that I write are generally a compilation of various "form agreements." Of course, there is also a significant amount of customized drafting and creation of clauses that are necessary to fit the particular situation.
So, if I use forms, why do I say that non-lawyers should not? Well, let me answer this by explaining a little more of my drafting process. When I consider which document to use as a starting point, I need answers to four questions: 1) which party did we represent, 2) was there equal bargaining power, 3) were there unusual circumstances, and 4) how heavily negotiated was the agreement. Thus, if I were representing a seller of a business, I would not want to start with an asset purchase agreement that I drafted while I was representing a buyer who had all the bargaining power in a transaction where the seller was desperate for cash and had no attorney. If I used that particular asset purchase agreement, then I would be using a document that was heavily stacked in favor of a buyer when I was representing a seller. This drives home a most important point: when it comes to legal documents, ONE SIZE DOES NOT FIT ALL.
So lets look at a particular example that seems to be quite common. Suppose you decide to search the Internet for a free confidentiality agreement form because you need to hire a consultant for your business. The point of a confidentiality agreement is to protect the confidential and proprietary information that your company uses to create whatever competitive advantage it has in the marketplace, arguably the single most valuable asset of the company. So, when you find a free confidentiality agreement form on the Internet that looks like it may be a good one, can you tell whether it was drafted to favor the company or to favor the consultant? If the form is "neutral," is that good enough for you or are you more interested in using a document that provides your company with as much protection as possible? Do you have the experience to know whether the form agreement is missing any key elements? Was the form agreement prepared to protect a business like yours? (Drafting to protect a technology company is far different than drafting to protect a brick manufacturer). Is the only document you need a confidentiality agreement or are there other ancillary agreements that are important? Do the provisions in the form agreement comply with the law applicable in your state or could portions of it be unenforceable? Without the answers to these questions, there is no way for you to safely predict whether using the form confidentiality agreement will protect your company or leave it vulnerable.
A confidentiality agreement may seem like a generic and harmless agreement that could be picked up from almost any source. Hopefully, this discussion has made it clear that there are many factors that need to be considered and that you need experience legal counsel to guide you through those considerations. In short, a confidentiality agreement needs to be customized to fit the particular business and the particular circumstances. The same sort of analysis holds true for almost any legal agreement you can imagine. So, can you find free legal documents on the Internet and use them? Sure. Will there be consequences? If you are extremely lucky, maybe not, but is it a risk worth taking? If you execute a form agreement, it could actually wind up being worse than having no agreement at all. Only you can decide if your business to too valuable to take such risks. You may decide that the risk is acceptable, but at least you now have an idea of the nature of that risk.
DISCLAIMER. This article is for informational purposes only and is not intended to refer to or to address particular circumstances faced by any individual or business. The statements in this checklist article are based on Georgia law existing at the time the article was written. This article does not constitute legal advice, nor is representation expressly or impliedly provided. Any business or individual having questions, concerns or issues regarding the issues addressed in the article should consult with counsel to address their own particular circumstances and the law applicable to their situation. This article is not intended to create an attorney-client relationship; Chorey Taylor & Feil, A Professional Corporation, provides legal services only pursuant to written engagements specifying the services to be provided.
Tom McLain is a general corporate, mergers and acquisitions, and international transactions lawyer practicing at Chorey, Taylor & Feil in Atlanta, Georgia. More information is available here: http://www.ctflegal.com/thomas-l-mclain.html
Article Source: http://EzineArticles.com/?expert=Tom_McLain
Let me provide you with a peek into how I and many other attorneys draft contracts. At the core of the process is a skill you learned in kindergarten: cutting and pasting. Even when I am drafting a contract involving a subject matter that is new to me, there is always some component of reusing clauses and parts of agreements that I have used before. The primary driving force behind this is efficiency: if I do not have to draft everything from scratch, then I can deliver the contract to my client far more quickly (and cheaply). Moreover, I am able to reuse clauses that I have spent considerable time tweaking to get just right. In effect, the contracts that I write are generally a compilation of various "form agreements." Of course, there is also a significant amount of customized drafting and creation of clauses that are necessary to fit the particular situation.
So, if I use forms, why do I say that non-lawyers should not? Well, let me answer this by explaining a little more of my drafting process. When I consider which document to use as a starting point, I need answers to four questions: 1) which party did we represent, 2) was there equal bargaining power, 3) were there unusual circumstances, and 4) how heavily negotiated was the agreement. Thus, if I were representing a seller of a business, I would not want to start with an asset purchase agreement that I drafted while I was representing a buyer who had all the bargaining power in a transaction where the seller was desperate for cash and had no attorney. If I used that particular asset purchase agreement, then I would be using a document that was heavily stacked in favor of a buyer when I was representing a seller. This drives home a most important point: when it comes to legal documents, ONE SIZE DOES NOT FIT ALL.
So lets look at a particular example that seems to be quite common. Suppose you decide to search the Internet for a free confidentiality agreement form because you need to hire a consultant for your business. The point of a confidentiality agreement is to protect the confidential and proprietary information that your company uses to create whatever competitive advantage it has in the marketplace, arguably the single most valuable asset of the company. So, when you find a free confidentiality agreement form on the Internet that looks like it may be a good one, can you tell whether it was drafted to favor the company or to favor the consultant? If the form is "neutral," is that good enough for you or are you more interested in using a document that provides your company with as much protection as possible? Do you have the experience to know whether the form agreement is missing any key elements? Was the form agreement prepared to protect a business like yours? (Drafting to protect a technology company is far different than drafting to protect a brick manufacturer). Is the only document you need a confidentiality agreement or are there other ancillary agreements that are important? Do the provisions in the form agreement comply with the law applicable in your state or could portions of it be unenforceable? Without the answers to these questions, there is no way for you to safely predict whether using the form confidentiality agreement will protect your company or leave it vulnerable.
A confidentiality agreement may seem like a generic and harmless agreement that could be picked up from almost any source. Hopefully, this discussion has made it clear that there are many factors that need to be considered and that you need experience legal counsel to guide you through those considerations. In short, a confidentiality agreement needs to be customized to fit the particular business and the particular circumstances. The same sort of analysis holds true for almost any legal agreement you can imagine. So, can you find free legal documents on the Internet and use them? Sure. Will there be consequences? If you are extremely lucky, maybe not, but is it a risk worth taking? If you execute a form agreement, it could actually wind up being worse than having no agreement at all. Only you can decide if your business to too valuable to take such risks. You may decide that the risk is acceptable, but at least you now have an idea of the nature of that risk.
DISCLAIMER. This article is for informational purposes only and is not intended to refer to or to address particular circumstances faced by any individual or business. The statements in this checklist article are based on Georgia law existing at the time the article was written. This article does not constitute legal advice, nor is representation expressly or impliedly provided. Any business or individual having questions, concerns or issues regarding the issues addressed in the article should consult with counsel to address their own particular circumstances and the law applicable to their situation. This article is not intended to create an attorney-client relationship; Chorey Taylor & Feil, A Professional Corporation, provides legal services only pursuant to written engagements specifying the services to be provided.
Tom McLain is a general corporate, mergers and acquisitions, and international transactions lawyer practicing at Chorey, Taylor & Feil in Atlanta, Georgia. More information is available here: http://www.ctflegal.com/thomas-l-mclain.html
Article Source: http://EzineArticles.com/?expert=Tom_McLain
How to Challenge an Unfair Credit Agreement
Thousands of people in the U.K have been the victim of unfair credit agreements, meaning that the loan and hire purchase agreements they took out are not legally binding. Under the terms of the Consumer Credit Act 1974, all credit agreements must conform to a list of criteria. If this is not the case, then individuals can have their debt wiped clear.
Read on to find out how you can find out if you have been among the thousands of people who have been affected by an unfair credit agreement, and what you can do to free yourself from this debt.
Stage 1 - Check the following:
The first stage in the process of establishing whether or not you have an unfair credit agreement is to check the following:
Your credit agreement must be in one of these forms:
• Credit Card
• Secured loan (using your property as a guarantee)
• Unsecured loan (without guarantee)
• Consolidation loan (taken out to cover smaller debts)
• Deferred loan (e.g. "buy now, pay next year")
• Vehicle finance loan (e.g. car loans)
In order to have a case, your credit agreement must have at least 12 months remaining and have over £1000 left to pay.
Stage 2 - Contact a claims company
The next stage in discovering whether or not you have an unfair credit agreement is to contact a specialist claims company, who will be able to advise you on whether or not you have a valid case, and if so, they will be able to guide you through the process
Stage 3 - Get a copy of the agreement
If it is agreed that you have a valid claim for an unfair credit agreement, the claims company you have assigned will contact the lender to request a copy of the original agreement. Under the terms of the Consumer Credit Act, they have an obligation to do this.
Stage 4 - Agreement is audited
Once they have received a copy of the credit agreement from your lender, your claims company will then forward this on to a team of solicitors who will carry out a comprehensive audit of the agreement. This will establish once and for all, whether or not you have grounds to prosecute the lender for issuing an unfair credit agreement.
Stage 5 - Litigation
If found to be in breach of the consumer credit act, your solicitors will bring this to the attention of your lender and will apply for a date to bring the case before the courts.
If a settlement is not made out of court, then your solicitor will represent you in court proceedings against the lender.
Stage 6 - Result
If your case is successful then your credit agreement will be deemed unenforceable, meaning that it will effectively be torn up. This means that you won't have to pay the outstanding balance on the agreement.
Learn more about Unfair Credit Agreements and how to Clear Debt and more about with CreditClearUK.co.uk. Why not take the first step towards regaining control of your finances?
Article Source: http://EzineArticles.com/?expert=M_James
Read on to find out how you can find out if you have been among the thousands of people who have been affected by an unfair credit agreement, and what you can do to free yourself from this debt.
Stage 1 - Check the following:
The first stage in the process of establishing whether or not you have an unfair credit agreement is to check the following:
Your credit agreement must be in one of these forms:
• Credit Card
• Secured loan (using your property as a guarantee)
• Unsecured loan (without guarantee)
• Consolidation loan (taken out to cover smaller debts)
• Deferred loan (e.g. "buy now, pay next year")
• Vehicle finance loan (e.g. car loans)
In order to have a case, your credit agreement must have at least 12 months remaining and have over £1000 left to pay.
Stage 2 - Contact a claims company
The next stage in discovering whether or not you have an unfair credit agreement is to contact a specialist claims company, who will be able to advise you on whether or not you have a valid case, and if so, they will be able to guide you through the process
Stage 3 - Get a copy of the agreement
If it is agreed that you have a valid claim for an unfair credit agreement, the claims company you have assigned will contact the lender to request a copy of the original agreement. Under the terms of the Consumer Credit Act, they have an obligation to do this.
Stage 4 - Agreement is audited
Once they have received a copy of the credit agreement from your lender, your claims company will then forward this on to a team of solicitors who will carry out a comprehensive audit of the agreement. This will establish once and for all, whether or not you have grounds to prosecute the lender for issuing an unfair credit agreement.
Stage 5 - Litigation
If found to be in breach of the consumer credit act, your solicitors will bring this to the attention of your lender and will apply for a date to bring the case before the courts.
If a settlement is not made out of court, then your solicitor will represent you in court proceedings against the lender.
Stage 6 - Result
If your case is successful then your credit agreement will be deemed unenforceable, meaning that it will effectively be torn up. This means that you won't have to pay the outstanding balance on the agreement.
Learn more about Unfair Credit Agreements and how to Clear Debt and more about with CreditClearUK.co.uk. Why not take the first step towards regaining control of your finances?
Article Source: http://EzineArticles.com/?expert=M_James
What Should Be Included in a Sales Agreement?
Sales agreements are often full of fine print and obscure legal terminology, but most of them boil down to a handful of basic points. When you draft a sales agreement, be sure to include these provisions to ensure clarity and enforceability:
1. Description of the Parties and Goods. The Sales Agreement must contain a detailed identification of the parties involved in the transactions and the goods or services for sale. What is the selling party offering to provide? When will they provide it? If extensive or ongoing, this list may be in the form of a separate list or schedule attached as an exhibit.
2. Cost. The sales agreement must address the compensation or cost for the items, including the total payment due, along with the time and manner of payment. If the buyer plans on paying in installments, the agreement must describe the installment plan.
3. Delivery. The sales agreement must address all aspects regarding delivery of the goods. Which party will be responsible for physically delivering the goods? When is this delivery to occur? Will the buyer be inspecting the goods before delivery? When must this inspection occur? If necessary, will conveyance of title occur at the delivery point or at a later date? This provision must carefully answer all these questions and address any other applicable delivery issues.
4. Liability. The agreement must identify which party is responsible if the goods are lost or damaged during delivery. Usually the seller is liable for damages if damage occurs during delivery, however this may not always be the case and can be drafted otherwise.
5. Escrow. In applicable cases such as real estate or wholesale sales agreements, the agreement must identify whether or not the buyer will be depositing money in escrow, which bank will be acting as escrow agent, and when and on what conditions the escrow money will be released.
6. Liquidated Damages. The sales agreement may contain a liquidated damages clause. This clause should state that in the event of breach, the breaching party shall be liable for all of the losses, including lost profits, suffered by the non-breaching party.
7. Representation of Warranties and Guarantees. If applicable, the agreement should contain any applicable covenants, warranties, or guarantees the seller is making in respect to the goods being sold. This may include a guarantee that the seller is the lawful owner of the goods and the goods are owned free and clear from any liens, encumbrances, or title disputes.
8. Disclaimer. If applicable, the agreement may contain a disclaimer provision, stating that the goods are being sold "as-is," and the seller will not be liable for any defects, patent, latent, or otherwise. This provision is usually reserved for the sale of used goods.
9. Integration. The agreement should include a clause which recites that the agreement represents the entire agreement between the parties with respect to the subject matter involved, and that all prior agreements, express or implied, oral or written, are hereby superseded by this agreement.
10. Severability. The agreement should recite that if any provision of the agreement is deemed void, invalid, or unenforceable, that provision shall be severed from the remainder of the agreement, and all remaining provisions shall continue in full force and effect.
11. Modification. The drafter of the sales agreement may want to state that except as otherwise provided, the agreement may be modified, superseded, or terminated only upon a written and signed document of the parties. This will prevent confusion that may occur if the parties were able to modify the agreement orally.
12. Governing Law / Execution. The agreement should conclude by identifying the governing jurisdiction, most likely the state where the contract was signed or goods delivered, and should contain signature lines for all parties involved.
These are the most important provisions of a sales agreement. Each provision should be drafted carefully to avoid confusion or differences in contract interpretation.
Mark A. Warner is a Sales Agreement Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDocs.com.
Article Source: http://ezinearticles.com/?expert=Mark_A._Warner
1. Description of the Parties and Goods. The Sales Agreement must contain a detailed identification of the parties involved in the transactions and the goods or services for sale. What is the selling party offering to provide? When will they provide it? If extensive or ongoing, this list may be in the form of a separate list or schedule attached as an exhibit.
2. Cost. The sales agreement must address the compensation or cost for the items, including the total payment due, along with the time and manner of payment. If the buyer plans on paying in installments, the agreement must describe the installment plan.
3. Delivery. The sales agreement must address all aspects regarding delivery of the goods. Which party will be responsible for physically delivering the goods? When is this delivery to occur? Will the buyer be inspecting the goods before delivery? When must this inspection occur? If necessary, will conveyance of title occur at the delivery point or at a later date? This provision must carefully answer all these questions and address any other applicable delivery issues.
4. Liability. The agreement must identify which party is responsible if the goods are lost or damaged during delivery. Usually the seller is liable for damages if damage occurs during delivery, however this may not always be the case and can be drafted otherwise.
5. Escrow. In applicable cases such as real estate or wholesale sales agreements, the agreement must identify whether or not the buyer will be depositing money in escrow, which bank will be acting as escrow agent, and when and on what conditions the escrow money will be released.
6. Liquidated Damages. The sales agreement may contain a liquidated damages clause. This clause should state that in the event of breach, the breaching party shall be liable for all of the losses, including lost profits, suffered by the non-breaching party.
7. Representation of Warranties and Guarantees. If applicable, the agreement should contain any applicable covenants, warranties, or guarantees the seller is making in respect to the goods being sold. This may include a guarantee that the seller is the lawful owner of the goods and the goods are owned free and clear from any liens, encumbrances, or title disputes.
8. Disclaimer. If applicable, the agreement may contain a disclaimer provision, stating that the goods are being sold "as-is," and the seller will not be liable for any defects, patent, latent, or otherwise. This provision is usually reserved for the sale of used goods.
9. Integration. The agreement should include a clause which recites that the agreement represents the entire agreement between the parties with respect to the subject matter involved, and that all prior agreements, express or implied, oral or written, are hereby superseded by this agreement.
10. Severability. The agreement should recite that if any provision of the agreement is deemed void, invalid, or unenforceable, that provision shall be severed from the remainder of the agreement, and all remaining provisions shall continue in full force and effect.
11. Modification. The drafter of the sales agreement may want to state that except as otherwise provided, the agreement may be modified, superseded, or terminated only upon a written and signed document of the parties. This will prevent confusion that may occur if the parties were able to modify the agreement orally.
12. Governing Law / Execution. The agreement should conclude by identifying the governing jurisdiction, most likely the state where the contract was signed or goods delivered, and should contain signature lines for all parties involved.
These are the most important provisions of a sales agreement. Each provision should be drafted carefully to avoid confusion or differences in contract interpretation.
Mark A. Warner is a Sales Agreement Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDocs.com.
Article Source: http://ezinearticles.com/?expert=Mark_A._Warner
Key Components of Prenuptial Agreements! Important Provisions in Well Drafted Premarital Agreements
Under what circumstances should a prenuptial agreement be considered in Rhode Island?
Premarital agreements are not right for every couple! Prenuptial agreements are most prevalent in second marriages. They are especially prevalent in first or second marriages when one or both of the parties have children of a prior marriage or relationship. They are also prevalent when a future spouse has a child or children from a prior relationship.
This article only pertains to prenuptial agreement drafted in Rhode Island or that will be interpreted by Rhode Island law.
Is there any difference between a prenuptial and a premarital agreement?
Premarital agreement, antenuptial agreement and prenuptial agreement are all different terms for the same document and are used interchangeably.
Preserving assets for children.
When a person has a child from a different relationship and is considering a marriage, he / she often wants to insure that his / her child will inherit hard earned assets. A person wants to insure that their assets will go to their children rather than their new spouse or the new spouses' children.
Many parents fear that their hard earned assets that were acquired before the marriage will go to their new spouse or his / her children upon divorce or death rather then their own child.
Estate planning can be a crucial element of a good prenuptial agreement!
Without protection through estate planning, will, trust or a prenuptial agreement, a substantial portion of your separate assets may go to your new spouse upon divorce or upon your death. Estate planning can also be a very important element in premarital agreements. I strongly advise that you retain a Rhode Island (RI) Divorce and Family law attorney / lawyer to draft or represent you concerning the execution of the premarital agreement.
Prenuptial agreements are often entered into when either husband or wife has acquired significant premarital "separate" property / assets. In many cases, one of the spouses will have a more substantial estate then the other spouse.
Be careful! The suggestion of a Prenuptial can be an emotionally charged issue!
Tread very carefully when suggesting a premarital agreement with your future spouse especially in a first marriage!
Often, your future husband / wife will be very upset with the suggestion that they should sign a premarital agreement. This is a very delicate subject. It could potentially imperil the entire relationship. Some people feel that premarital agreements run contrary to the marriage covenant. Others are against prenuptials because they believe that in essence, it is planning for divorce when marriage is ideally forever.
Negotiate the prenuptial well in advance of the wedding!
It is a very bad idea to suggest a prenuptial at the last minute. You should propose the prenuptial well in advance of the wedding. The last thing you want to do is negotiate a complex contract a week or two before the wedding. It can be unseemly to be contacting a lawyer / attorney right before the wedding and can put unfair pressure on your spouse.
What are standard provisions put into a simple prenuptial agreement?
The most standard prenuptial agreements simply protect a person's separate premarital property. In many instances the parties waive all right title and interest to the premarital property of the other party. The prenuptial agreement should also address issues concerning the appreciation in value of premarital property during the course of the marriage. The prenuptial should address additions to the premarital property after the wedding. The prenuptial should also address when premarital property is used to purchase other property during the course of the marriage.
The most simple, prenuptial agreements simply state that all property that the parties owned prior to the marriage would be their separate property free and clear of all claims of the other party. In this scenario any property acquired after the marriage would be marital property subject to equitable distribution. This type of prenuptial should also address the issue of the increase in value of premarital property.
Some prenuptial agreements go even farther and state that property acquired in an individuals name during the course of the marriage would be separate property that the other party would have no rights to upon divorce or death. The enforceability of such a provision is tenuous at best.
Prenuptial agreements can essentially state any provisions that the parties desire and the law allows.
What are the most important elements of a good antenuptial agreement?
The most important facet of a good premarital agreement is clarity. The second must important facet of a prenuptial is complete and full disclosure.
Both parties must disclose all assets and liabilities.
If the parties have not disclosed material and substantial assets and liabilities, the prenuptial may not be enforceable. Husband and wife should attach a financial statement as an exhibit to the prenuptial. If the parties do not properly disclose their assets and liabilities, then it is questionable whether the parties agreed to anything because they do not know what they were agreeing to.
Are both the prospective wife and husband required to get an attorney / lawyer?
No. The parties are not required to have an attorney / lawyer to review the prenuptial in Rhode Island(RI). Prenuptial agreements are still valid and enforceable even if one of the parties had an attorney draft the agreement and the other party did not have a lawyer review the agreement.
Defining Separate Property:
The parties need to define what constitutes separate property and whether separate property includes additions, increase in value (appreciation) of separate property. The parties need to address the reinvestment of the separate property into another asset during the course of the marriage.
Retirement Accounts, 401k, 403(b), pensions
You may consider a provision concerning 401k, 403(b) , Stock Options, Pensions, Retirement Accounts as well as the increase in value, additions and or reinvestments of such retirement accounts after the marriage. In order to waive marital rights to certain retirement accounts you may need a provision under IRS guidelines agreeing that your spouse will sign appropriate forms to waive or relinquish spousal benefits.
Waiver of Alimony
Some premarital agreements require one or both spouses to waive their rights to alimony or temporary alimony. This can be a crucial portion of a prenuptial agreement. This is often also the most contentious area of negotiations.
Real estate
Some premarital agreements address issues concerning Real Estate especially separate real estate of the parties. You want to discuss with your lawyer whether or not your spouse will be agreeing to waive their right to elect against the will of the other upon death and waive the statutory life estate. This is very important in Rhode Island. You may want to consider putting the real estate in trust. This is all very complicated and should not be done without an attorney
Jointly Held - Marital property.
You need to consider whether you want the agreement to include how marital property will be divided upon divorce. Some people agree that all marital property will be divided 50/50 upon divorce or separation. Other agreements are silent on this issue.
Choice of Law:
The parties should state under which law the prenuptial agreement should be interpreted. If the parties reside in Rhode Island then they should have Rhode Island law apply in the future.
Debt
Will each party be responsible for separate premarital debt. Who will be responsible for joint premarital debt? Will the parties agree to split joint marital debt 50-50? Who will pay individual / sole debt incurred during the marriage?
Life Insurance
Is either party agreeing to maintain a life insurance policy for the benefit of the other spouse? This is often done as a way to make sure the spouse will collect upon death even if the person's estate plan otherwise excludes the spouse. Will the life insurance be required to be maintained after the divorce or separation?
Gifts
Who will get to keep gifts between the parties? What will happen to joint gifts or gifts given to one person but not the other. Who will get the engagement ring, wedding band, jewelry, art etc?
Severability clause
Most good premarital agreements contain a severability clause such as the one set forth here: "SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, this Agreement shall be construed as if such illegal, invalid or void provision were not a part hereof and the validity of the remaining provisions shall be unaffected thereby."
Legal fees upon divorce. Will either party be required to pay the others legal fees as part of the divorce?
Some prenuptial agreements address the issue of legal fees in a potential divorce.
Acknowledgments of counsel or the opportunity to retain a lawyer and acknowledgment that agreement is freely and voluntarily entered into.
It is important that the parties acknowledge that they carefully read the agreement, that they signed it freely and voluntarily and that they believe that the agreement is fair and equitable to them.
Many agreements contain a paragraph similar to this: ACKNOWLEDGMENT. The parties have, during a series of conferences between themselves, mutually agreed upon the arrangements set forth herein. Each party hereto declares that he or she has had the opportunity to seek independent legal advice by counsel of his or her own selection and that each is satisfied as to this agreement's fairness. The wife has retained Attorney X to represent her. The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that he and she believes the Agreement is fair and equitable, and is freely and voluntarily entered into.
Integration and modification provision.
It is crucial that there are no side agreements or verbal agreements outside of the four corners of the documents. An integration clause is an important facet of a prenuptial agreement.
Cooperation provision
A Cooperation provision is essential to a good antenuptial agreement.
"COOPERATION. The parties hereto shall at any time, and from time to time, execute and deliver all such deeds and other documents as may be necessary, and do all such things as the other of them, his or her heirs, executors or administrators shall reasonably require for the purpose of giving full effect to this Agreement. Each of the parties hereto shall release and quitclaim unto the other, or to such others as he or she respectively may request, all of his or her rights of curtesy or of dower. It is the intention of this clause to permit and empower each of the parties hereto to deal with his or her own separate property now owned or hereafter acquired, in all respects, except as limited by this Agreement, as if each party hereto were single."
Disclosure Provision
"DISCLOSURE. Each of the parties has made a full disclosure to the other of all property, assets and liabilities owned or otherwise held by each respective party, as listed in Exhibits "A," "B," "C," and "D" attached hereto. The parties hereby acknowledge that they are aware that in the future the financial circumstances of either or both of them may be altered in some way, whether substantially, directly, indirectly or otherwise."
Notary and Attestation of Counsel.
The agreement must be signed in front of a notary and if the parties both have attorneys they may want to include an attestation of counsel paragraph that both lawyers sign.
Article by David Slepkow 401-437-1100
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, personal injury law, child custody and visitation. David has been practicing for over 10 years and is licensed in Rhode Island, Massachusetts and Federal Court. Free initial consultations. You can contact attorney David Slepkow by going to Rhode Island Divorce Family Lawyer
Also please visit: Rhode Island Law Articles
Article Source: http://ezinearticles.com/?expert=David_Slepkow
Premarital agreements are not right for every couple! Prenuptial agreements are most prevalent in second marriages. They are especially prevalent in first or second marriages when one or both of the parties have children of a prior marriage or relationship. They are also prevalent when a future spouse has a child or children from a prior relationship.
This article only pertains to prenuptial agreement drafted in Rhode Island or that will be interpreted by Rhode Island law.
Is there any difference between a prenuptial and a premarital agreement?
Premarital agreement, antenuptial agreement and prenuptial agreement are all different terms for the same document and are used interchangeably.
Preserving assets for children.
When a person has a child from a different relationship and is considering a marriage, he / she often wants to insure that his / her child will inherit hard earned assets. A person wants to insure that their assets will go to their children rather than their new spouse or the new spouses' children.
Many parents fear that their hard earned assets that were acquired before the marriage will go to their new spouse or his / her children upon divorce or death rather then their own child.
Estate planning can be a crucial element of a good prenuptial agreement!
Without protection through estate planning, will, trust or a prenuptial agreement, a substantial portion of your separate assets may go to your new spouse upon divorce or upon your death. Estate planning can also be a very important element in premarital agreements. I strongly advise that you retain a Rhode Island (RI) Divorce and Family law attorney / lawyer to draft or represent you concerning the execution of the premarital agreement.
Prenuptial agreements are often entered into when either husband or wife has acquired significant premarital "separate" property / assets. In many cases, one of the spouses will have a more substantial estate then the other spouse.
Be careful! The suggestion of a Prenuptial can be an emotionally charged issue!
Tread very carefully when suggesting a premarital agreement with your future spouse especially in a first marriage!
Often, your future husband / wife will be very upset with the suggestion that they should sign a premarital agreement. This is a very delicate subject. It could potentially imperil the entire relationship. Some people feel that premarital agreements run contrary to the marriage covenant. Others are against prenuptials because they believe that in essence, it is planning for divorce when marriage is ideally forever.
Negotiate the prenuptial well in advance of the wedding!
It is a very bad idea to suggest a prenuptial at the last minute. You should propose the prenuptial well in advance of the wedding. The last thing you want to do is negotiate a complex contract a week or two before the wedding. It can be unseemly to be contacting a lawyer / attorney right before the wedding and can put unfair pressure on your spouse.
What are standard provisions put into a simple prenuptial agreement?
The most standard prenuptial agreements simply protect a person's separate premarital property. In many instances the parties waive all right title and interest to the premarital property of the other party. The prenuptial agreement should also address issues concerning the appreciation in value of premarital property during the course of the marriage. The prenuptial should address additions to the premarital property after the wedding. The prenuptial should also address when premarital property is used to purchase other property during the course of the marriage.
The most simple, prenuptial agreements simply state that all property that the parties owned prior to the marriage would be their separate property free and clear of all claims of the other party. In this scenario any property acquired after the marriage would be marital property subject to equitable distribution. This type of prenuptial should also address the issue of the increase in value of premarital property.
Some prenuptial agreements go even farther and state that property acquired in an individuals name during the course of the marriage would be separate property that the other party would have no rights to upon divorce or death. The enforceability of such a provision is tenuous at best.
Prenuptial agreements can essentially state any provisions that the parties desire and the law allows.
What are the most important elements of a good antenuptial agreement?
The most important facet of a good premarital agreement is clarity. The second must important facet of a prenuptial is complete and full disclosure.
Both parties must disclose all assets and liabilities.
If the parties have not disclosed material and substantial assets and liabilities, the prenuptial may not be enforceable. Husband and wife should attach a financial statement as an exhibit to the prenuptial. If the parties do not properly disclose their assets and liabilities, then it is questionable whether the parties agreed to anything because they do not know what they were agreeing to.
Are both the prospective wife and husband required to get an attorney / lawyer?
No. The parties are not required to have an attorney / lawyer to review the prenuptial in Rhode Island(RI). Prenuptial agreements are still valid and enforceable even if one of the parties had an attorney draft the agreement and the other party did not have a lawyer review the agreement.
Defining Separate Property:
The parties need to define what constitutes separate property and whether separate property includes additions, increase in value (appreciation) of separate property. The parties need to address the reinvestment of the separate property into another asset during the course of the marriage.
Retirement Accounts, 401k, 403(b), pensions
You may consider a provision concerning 401k, 403(b) , Stock Options, Pensions, Retirement Accounts as well as the increase in value, additions and or reinvestments of such retirement accounts after the marriage. In order to waive marital rights to certain retirement accounts you may need a provision under IRS guidelines agreeing that your spouse will sign appropriate forms to waive or relinquish spousal benefits.
Waiver of Alimony
Some premarital agreements require one or both spouses to waive their rights to alimony or temporary alimony. This can be a crucial portion of a prenuptial agreement. This is often also the most contentious area of negotiations.
Real estate
Some premarital agreements address issues concerning Real Estate especially separate real estate of the parties. You want to discuss with your lawyer whether or not your spouse will be agreeing to waive their right to elect against the will of the other upon death and waive the statutory life estate. This is very important in Rhode Island. You may want to consider putting the real estate in trust. This is all very complicated and should not be done without an attorney
Jointly Held - Marital property.
You need to consider whether you want the agreement to include how marital property will be divided upon divorce. Some people agree that all marital property will be divided 50/50 upon divorce or separation. Other agreements are silent on this issue.
Choice of Law:
The parties should state under which law the prenuptial agreement should be interpreted. If the parties reside in Rhode Island then they should have Rhode Island law apply in the future.
Debt
Will each party be responsible for separate premarital debt. Who will be responsible for joint premarital debt? Will the parties agree to split joint marital debt 50-50? Who will pay individual / sole debt incurred during the marriage?
Life Insurance
Is either party agreeing to maintain a life insurance policy for the benefit of the other spouse? This is often done as a way to make sure the spouse will collect upon death even if the person's estate plan otherwise excludes the spouse. Will the life insurance be required to be maintained after the divorce or separation?
Gifts
Who will get to keep gifts between the parties? What will happen to joint gifts or gifts given to one person but not the other. Who will get the engagement ring, wedding band, jewelry, art etc?
Severability clause
Most good premarital agreements contain a severability clause such as the one set forth here: "SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable by a Court of competent jurisdiction, this Agreement shall be construed as if such illegal, invalid or void provision were not a part hereof and the validity of the remaining provisions shall be unaffected thereby."
Legal fees upon divorce. Will either party be required to pay the others legal fees as part of the divorce?
Some prenuptial agreements address the issue of legal fees in a potential divorce.
Acknowledgments of counsel or the opportunity to retain a lawyer and acknowledgment that agreement is freely and voluntarily entered into.
It is important that the parties acknowledge that they carefully read the agreement, that they signed it freely and voluntarily and that they believe that the agreement is fair and equitable to them.
Many agreements contain a paragraph similar to this: ACKNOWLEDGMENT. The parties have, during a series of conferences between themselves, mutually agreed upon the arrangements set forth herein. Each party hereto declares that he or she has had the opportunity to seek independent legal advice by counsel of his or her own selection and that each is satisfied as to this agreement's fairness. The wife has retained Attorney X to represent her. The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that he and she believes the Agreement is fair and equitable, and is freely and voluntarily entered into.
Integration and modification provision.
It is crucial that there are no side agreements or verbal agreements outside of the four corners of the documents. An integration clause is an important facet of a prenuptial agreement.
Cooperation provision
A Cooperation provision is essential to a good antenuptial agreement.
"COOPERATION. The parties hereto shall at any time, and from time to time, execute and deliver all such deeds and other documents as may be necessary, and do all such things as the other of them, his or her heirs, executors or administrators shall reasonably require for the purpose of giving full effect to this Agreement. Each of the parties hereto shall release and quitclaim unto the other, or to such others as he or she respectively may request, all of his or her rights of curtesy or of dower. It is the intention of this clause to permit and empower each of the parties hereto to deal with his or her own separate property now owned or hereafter acquired, in all respects, except as limited by this Agreement, as if each party hereto were single."
Disclosure Provision
"DISCLOSURE. Each of the parties has made a full disclosure to the other of all property, assets and liabilities owned or otherwise held by each respective party, as listed in Exhibits "A," "B," "C," and "D" attached hereto. The parties hereby acknowledge that they are aware that in the future the financial circumstances of either or both of them may be altered in some way, whether substantially, directly, indirectly or otherwise."
Notary and Attestation of Counsel.
The agreement must be signed in front of a notary and if the parties both have attorneys they may want to include an attestation of counsel paragraph that both lawyers sign.
Article by David Slepkow 401-437-1100
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, personal injury law, child custody and visitation. David has been practicing for over 10 years and is licensed in Rhode Island, Massachusetts and Federal Court. Free initial consultations. You can contact attorney David Slepkow by going to Rhode Island Divorce Family Lawyer
Also please visit: Rhode Island Law Articles
Article Source: http://ezinearticles.com/?expert=David_Slepkow
Prenuptial Agreements - 10 FAQs
1. I am getting married. I want to explore the possibility of getting a prenup, but I don't want to insult my future spouse. How should I go about this topic?
It is tough to rid the stigma of a "pre-nup". You hear in rap songs. Donald Trump never marries without one. It signifies a certain je-ne-sais-quoi that most people shun. However, in this century, I advise my clients of the following: Prenups are like car and life insurance. No one likes to think about sudden or accidental death. But it happens, just like divorce. Prenups are similar to insurance. Though it may not protect you from all problems - however, if properly drafted, it will certainly limit them.
In addition, you should inform your future spouse that prenups which "promote" divorce are unenforceable. You should speak with competent counsel for information on what "promotes" divorce.
Finally, marriage is a legal union of two people. The characterization and distribution of assets and debts are indispensable parts of this beautiful legal equation. That's something worth discussing, and finalizing on paper, isn't it?
2. What is the point of having a prenuptial agreement?
This is a fairly complicated question, but I will try to simplify it with my three P's:
Protection of property. This includes waiving community property rights, including real property, businesses, intellectual property, and retirement plans.
Providing of (or not) spousal support. You can opt to waive spousal support (alimony).
Preservation of separate property and debt. Making sure what was yours is always yours. Making sure what he/she owes is always his/her debt.
3. What can go into the prenup?
A lot of things. Under the Family Code, you can include the following:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
4. What can't go into the prenup?
Limitations on child support. Custody. Religion. Promotion of Divorce. Damages for cheating.
Technically, you can put these provisions in the prenup. But they are unenforceable, so what is the point?
5. Is there a deadline for entering into a prenup?
Yes. There is a seven (7) calendar day rule. Ask your attorney.
6. What is a post-nup?
Just like it sounds, a post-nup is an agreement entered into after the marriage has happened.
7. Why would I get a post-nup?
Same reasons. The three (3) P's above. The difference between a pre-nup and a post-nup is a marriage in between. This is significant because marriage imposes strict fiduciary requirements on spouses. As such, post-nups will be more carefully scrutinized and easily challenged then pre-nups. It is of utmost importance that you hire an attorney to prepare a post-nup for you.
8. I am interested in learning more about the law, and I don't want to pay a lawyer. Where can I be educated?
I recommend reading Family Code sections 1600 et seq., also known as the Uniform Premarital Agreement Act. I find it very interesting.
9. Do we need lawyers to do a prenup?
Yes, and make sure they are competent lawyers. Remember the first rule: You get what you pay for. Also, please note that if you are including provisions waiving spousal support, you will need to have counsel. Ask your lawyer.
10. Ok. I guess I'll get a prenup. How much do you charge?
That depends on your situation. Please contact us for an appointment.
Sincerely,
Kelly Chang RickertLaw Offices of Kelly Chang, A PLChttp://www.purposedrivenlawyers.com/
Kelly Chang Rickert founded the Law Offices of Kelly Chang, A Professional Law Corporation. Her firm specializes in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation.
Article Source: http://ezinearticles.com/?expert=Kelly_Chang
It is tough to rid the stigma of a "pre-nup". You hear in rap songs. Donald Trump never marries without one. It signifies a certain je-ne-sais-quoi that most people shun. However, in this century, I advise my clients of the following: Prenups are like car and life insurance. No one likes to think about sudden or accidental death. But it happens, just like divorce. Prenups are similar to insurance. Though it may not protect you from all problems - however, if properly drafted, it will certainly limit them.
In addition, you should inform your future spouse that prenups which "promote" divorce are unenforceable. You should speak with competent counsel for information on what "promotes" divorce.
Finally, marriage is a legal union of two people. The characterization and distribution of assets and debts are indispensable parts of this beautiful legal equation. That's something worth discussing, and finalizing on paper, isn't it?
2. What is the point of having a prenuptial agreement?
This is a fairly complicated question, but I will try to simplify it with my three P's:
Protection of property. This includes waiving community property rights, including real property, businesses, intellectual property, and retirement plans.
Providing of (or not) spousal support. You can opt to waive spousal support (alimony).
Preservation of separate property and debt. Making sure what was yours is always yours. Making sure what he/she owes is always his/her debt.
3. What can go into the prenup?
A lot of things. Under the Family Code, you can include the following:
(1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
(2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
(3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
(4) The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
(5) The ownership rights in and disposition of the death benefit from a life insurance policy.
(6) The choice of law governing the construction of the agreement.
(7) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
4. What can't go into the prenup?
Limitations on child support. Custody. Religion. Promotion of Divorce. Damages for cheating.
Technically, you can put these provisions in the prenup. But they are unenforceable, so what is the point?
5. Is there a deadline for entering into a prenup?
Yes. There is a seven (7) calendar day rule. Ask your attorney.
6. What is a post-nup?
Just like it sounds, a post-nup is an agreement entered into after the marriage has happened.
7. Why would I get a post-nup?
Same reasons. The three (3) P's above. The difference between a pre-nup and a post-nup is a marriage in between. This is significant because marriage imposes strict fiduciary requirements on spouses. As such, post-nups will be more carefully scrutinized and easily challenged then pre-nups. It is of utmost importance that you hire an attorney to prepare a post-nup for you.
8. I am interested in learning more about the law, and I don't want to pay a lawyer. Where can I be educated?
I recommend reading Family Code sections 1600 et seq., also known as the Uniform Premarital Agreement Act. I find it very interesting.
9. Do we need lawyers to do a prenup?
Yes, and make sure they are competent lawyers. Remember the first rule: You get what you pay for. Also, please note that if you are including provisions waiving spousal support, you will need to have counsel. Ask your lawyer.
10. Ok. I guess I'll get a prenup. How much do you charge?
That depends on your situation. Please contact us for an appointment.
Sincerely,
Kelly Chang RickertLaw Offices of Kelly Chang, A PLChttp://www.purposedrivenlawyers.com/
Kelly Chang Rickert founded the Law Offices of Kelly Chang, A Professional Law Corporation. Her firm specializes in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation.
Article Source: http://ezinearticles.com/?expert=Kelly_Chang
Franchise Agreements and Covenants Not To Compete
When there is a dispute in a franchise agreement between a franchisor and a franchisee, often the franchisee will assume that they may merely stop paying royalties, change the name on the sign of their franchised outlet and immediately go into competition with the franchisor. It is one of the most common legal disputes and franchisee today.
Therefore each and every franchisor must be careful to protect their proprietary knowledge and know-how with covenants not to compete in their franchisee agreements. In my franchisee company I had determined that this was the most single important issue in the entire franchise agreement. Below you will find a clause called covenants not to compete that I inserted in every franchise agreement;
3.20 Covenants Not To Compete
Franchisee specifically acknowledges that, pursuant to the Franchise Agreement, Franchisee will receive valuable specialized and confidential information, including information regarding the operational, sales, promotional and marketing methods and techniques of Franchisors and the System. Franchisee agrees not to copy, download to internet, intranet, modem, fax, e-mail, mail or send any confidential material or divulge any material directly or indirectly to any other person or enterprise outside of this System. Franchisees agree that, during the term of the Franchise Agreement, except as otherwise approved in writing by Franchisor, Franchisee must not, either directly or indirectly, divert or attempt to divert any business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Franchisor’s proprietary marks and System.
Franchisee specifically agrees that, except as otherwise approved in writing by Franchisor, Franchisee will not, during the term of the Franchise Agreement and for a continuous uninterrupted two (2) year period commencing upon the expiration or termination of the Franchise Agreement, regardless of the cause of termination, either directly or indirectly for Franchisee or on behalf of or in conjunction with any other person, partnership, corporation or limited liability company, own, maintain, engage in, participate in or have any interest in the operation of any business that offers products, that are essentially the same as, or substantially similar to, the products, Core Services or Optional Services that are part of The Car Wash Guys or the WASH GUY.COM System, a predecessor, sister or co-branding company of Franchisors except other franchises offered by Franchisor (any business carrying on such activities, being called a “Competing Business”) which is, or is intended to be, located anywhere in the country of the Franchisee’s Marketing Area.
Franchisee specifically agrees not to compete with any other franchisees or establish customers in franchisee’s respective Marketing Areas or within thirty-five (35) miles for two (2) years from expiration or termination of the Franchise Agreement.
These covenants against competition will not apply to ownership by Franchisee of less than a five percent (5%) beneficial interest in the outstanding equity securities of any publicly held corporation even if that corporation is in competition with Franchisor.
Franchisee specifically agrees that during the term of the Franchise Agreement and for a continuous uninterrupted two (2) year period commencing upon the expiration or termination of the Franchise Agreement, regardless of the cause of termination, Franchisee will not, either directly or indirectly, on Franchisee’s own behalf or in the service or on behalf of others, solicit, divert, or hire away, or attempt to solicit, divert, or hire away, to the Franchised Business or any Competing Business, any person employed by the Franchisor, whether or not such employee is a full-time or temporary employee of the Franchisor, whether or not such employment was pursuant to written agreement and whether or not such mployment was for a determined period or was “at will.” Similarly, Franchisee will not solicit, divert, or hire away, or attempt to solicit, divert, or hire away, to the Franchised Business or any Competing Business, any such employee of any licensee or Franchisee of the Franchisor, without the prior written consent of such licensee or Franchisee.
Franchisee expressly agrees that the existence of any claims Franchisee may have will not constitute a defense to the enforcement by Franchisor of the covenants described above. Franchisee will pay all costs and expenses (including attorneys’ fees) incurred by Franchisor and Franchisee in connection with the enforcement of these covenants.
Franchisee acknowledges that any violation of the covenants not to compete would result in irreparable injury to Franchisor for which no adequate remedy at law may be available and Franchisee accordingly consents to the issuance of an injunction prohibiting any conduct by Franchisee in violation of the terms of the covenants not to compete.
Franchisee agrees that each of the foregoing covenants will be constructed as independent of any other covenant or provision. If all, parts or any portion of a covenant in the Franchise Agreement is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which Franchisor is a party, Franchisee expressly agrees to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in and made a part of this item.
Each of these covenants is a separate and independent covenant in each of the separate countries and states in the United States in which Franchisor transacts business. To the extent that any such covenant may be determined to be judicially unenforceable in any country or state, that covenant will not be affected with respect to any other country or state.
Franchisee acknowledges that upon violation of any of these covenants, it will be difficult to determine the resulting damages to the Franchisor and, in addition to any other remedies it may have, Franchisor will be entitled to make application in a court of competent jurisdiction for temporary and permanent injunctive relief without the necessity of proving actual damages. When actual damages are tabulated, Franchisee agrees to pay those damages plus attorneys’ fees incurred by both Franchisee and Franchisor immediately. If these monies are not paid within thirty (30) days, they will at that time begin accruing interest at the rate of twelve percent (12%) per annum which Franchisee is also obligated to pay.
If Franchisee is operating as a partnership, corporation, limited liability company or other legal entity, each partner, shareholder, member or other owner of Franchisee will execute and deliver in favor of Franchisor a non-compete covenant in form and substance satisfactory to Franchisor containing provisions substantially the same as those contained in this Section 3.20.
- - - - - - - - - -
It is very important that you find inexperienced and knowledgeable franchising attorney and you discussed this exact issue with them to protect your franchisee company. As a franchisor you must know this information and understand it. It is worth your time to pay an attorney to explain it all to you. Consider all this in 2006.
"Lance Winslow" - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/. Lance is an online writer in retirement.
Article Source: http://EzineArticles.com/?expert=Lance_Winslow
Therefore each and every franchisor must be careful to protect their proprietary knowledge and know-how with covenants not to compete in their franchisee agreements. In my franchisee company I had determined that this was the most single important issue in the entire franchise agreement. Below you will find a clause called covenants not to compete that I inserted in every franchise agreement;
3.20 Covenants Not To Compete
Franchisee specifically acknowledges that, pursuant to the Franchise Agreement, Franchisee will receive valuable specialized and confidential information, including information regarding the operational, sales, promotional and marketing methods and techniques of Franchisors and the System. Franchisee agrees not to copy, download to internet, intranet, modem, fax, e-mail, mail or send any confidential material or divulge any material directly or indirectly to any other person or enterprise outside of this System. Franchisees agree that, during the term of the Franchise Agreement, except as otherwise approved in writing by Franchisor, Franchisee must not, either directly or indirectly, divert or attempt to divert any business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Franchisor’s proprietary marks and System.
Franchisee specifically agrees that, except as otherwise approved in writing by Franchisor, Franchisee will not, during the term of the Franchise Agreement and for a continuous uninterrupted two (2) year period commencing upon the expiration or termination of the Franchise Agreement, regardless of the cause of termination, either directly or indirectly for Franchisee or on behalf of or in conjunction with any other person, partnership, corporation or limited liability company, own, maintain, engage in, participate in or have any interest in the operation of any business that offers products, that are essentially the same as, or substantially similar to, the products, Core Services or Optional Services that are part of The Car Wash Guys or the WASH GUY.COM System, a predecessor, sister or co-branding company of Franchisors except other franchises offered by Franchisor (any business carrying on such activities, being called a “Competing Business”) which is, or is intended to be, located anywhere in the country of the Franchisee’s Marketing Area.
Franchisee specifically agrees not to compete with any other franchisees or establish customers in franchisee’s respective Marketing Areas or within thirty-five (35) miles for two (2) years from expiration or termination of the Franchise Agreement.
These covenants against competition will not apply to ownership by Franchisee of less than a five percent (5%) beneficial interest in the outstanding equity securities of any publicly held corporation even if that corporation is in competition with Franchisor.
Franchisee specifically agrees that during the term of the Franchise Agreement and for a continuous uninterrupted two (2) year period commencing upon the expiration or termination of the Franchise Agreement, regardless of the cause of termination, Franchisee will not, either directly or indirectly, on Franchisee’s own behalf or in the service or on behalf of others, solicit, divert, or hire away, or attempt to solicit, divert, or hire away, to the Franchised Business or any Competing Business, any person employed by the Franchisor, whether or not such employee is a full-time or temporary employee of the Franchisor, whether or not such employment was pursuant to written agreement and whether or not such mployment was for a determined period or was “at will.” Similarly, Franchisee will not solicit, divert, or hire away, or attempt to solicit, divert, or hire away, to the Franchised Business or any Competing Business, any such employee of any licensee or Franchisee of the Franchisor, without the prior written consent of such licensee or Franchisee.
Franchisee expressly agrees that the existence of any claims Franchisee may have will not constitute a defense to the enforcement by Franchisor of the covenants described above. Franchisee will pay all costs and expenses (including attorneys’ fees) incurred by Franchisor and Franchisee in connection with the enforcement of these covenants.
Franchisee acknowledges that any violation of the covenants not to compete would result in irreparable injury to Franchisor for which no adequate remedy at law may be available and Franchisee accordingly consents to the issuance of an injunction prohibiting any conduct by Franchisee in violation of the terms of the covenants not to compete.
Franchisee agrees that each of the foregoing covenants will be constructed as independent of any other covenant or provision. If all, parts or any portion of a covenant in the Franchise Agreement is held unreasonable or unenforceable by a court or agency having valid jurisdiction in an unappealed final decision to which Franchisor is a party, Franchisee expressly agrees to be bound by any lesser covenant subsumed within the terms of such covenant that imposes the maximum duty permitted by law, as if the resulting covenant were separately stated in and made a part of this item.
Each of these covenants is a separate and independent covenant in each of the separate countries and states in the United States in which Franchisor transacts business. To the extent that any such covenant may be determined to be judicially unenforceable in any country or state, that covenant will not be affected with respect to any other country or state.
Franchisee acknowledges that upon violation of any of these covenants, it will be difficult to determine the resulting damages to the Franchisor and, in addition to any other remedies it may have, Franchisor will be entitled to make application in a court of competent jurisdiction for temporary and permanent injunctive relief without the necessity of proving actual damages. When actual damages are tabulated, Franchisee agrees to pay those damages plus attorneys’ fees incurred by both Franchisee and Franchisor immediately. If these monies are not paid within thirty (30) days, they will at that time begin accruing interest at the rate of twelve percent (12%) per annum which Franchisee is also obligated to pay.
If Franchisee is operating as a partnership, corporation, limited liability company or other legal entity, each partner, shareholder, member or other owner of Franchisee will execute and deliver in favor of Franchisor a non-compete covenant in form and substance satisfactory to Franchisor containing provisions substantially the same as those contained in this Section 3.20.
- - - - - - - - - -
It is very important that you find inexperienced and knowledgeable franchising attorney and you discussed this exact issue with them to protect your franchisee company. As a franchisor you must know this information and understand it. It is worth your time to pay an attorney to explain it all to you. Consider all this in 2006.
"Lance Winslow" - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/. Lance is an online writer in retirement.
Article Source: http://EzineArticles.com/?expert=Lance_Winslow
How to Find Out If Your Credit Card Agreement is Not Valid?
Credit cards have become the most popular form of payment. Cash payment is now considered an unfashionable thing, even in small town retail stores. As credit cards have become an integral part of our lives, the instances of credit card frauds are also increasing. People have to be cautious of any fraudulent activities and stealing of credit cards. In fact, credit card scam business has become a multi-billion dollar industry and investigation agencies are facing tough times to curb these trends.
Despite all these unfair practices, credit cars remain a very popular option. People have to enter into credit card agreements with banks to get these cards. However, these agreements are the real bone of content between the customers and the banks. If you are entering into a credit card agreement then make sure that it is valid and endorsed by the bank.
Unfortunately, most credit agreements are not valid when a customer signs up with a bank. The more disturbing is the fact that customers are generally not aware of this glitch. They think that their credit cards are valid for any purchase and head to retail stores to use them.
The actual shock comes when they are told that they cannot make a payment out of their cards. Some face quite embarrassing situations if they have no other option of payment. Just think about eating in a posh restaurant and then your credit card is rejected. It would be a really shameful situation.
Some ways are there by which you can find out about the validity of your credit card agreement. The first thing to look for is the authentication stamp by the bank. If that is not the case, immediately call your bank agent. There are certain clauses and terms in the credit agreement that gives you a real view of the situation. The most important one is the prescribed items list in the agreement. If the agreement is void on these terms or if they are not written clearly, this means that the agreement is actually flawed and unenforceable.
Consumer credit rights are protected under the 1974 Consumers Credit Act that also saw some amendment in 2007. However, the amendments have complicated the procedure and a customer has to present documentary proofs that the creditors have misled him or her. Payment Protection Insurance or PPI is levied on these credit card agreements and it also poses many problems. You can check the terms and regulations of PPI on your agreement. If you find any discrepancies, it means that your agreement is not valid.
The legal battle over invalid credit agreements is long and difficult. There are so many ambiguities in the law and practices that it is a no win situation for both parties unless your case is very strong. Whatsoever maybe the reason of an invalid credit card agreement, a customer has to suffer in the end. Getting a legal cover is always a recommendable option as it can protect your finances in the long run.
Simon P Jennings is a financial consultant. You may contact him to take his opinion for Unenforceable Credit Agreement and get professional advice at http://www.claimsadvicecentre.com
Article Source: http://EzineArticles.com/?expert=Simon_P_Jennings
Despite all these unfair practices, credit cars remain a very popular option. People have to enter into credit card agreements with banks to get these cards. However, these agreements are the real bone of content between the customers and the banks. If you are entering into a credit card agreement then make sure that it is valid and endorsed by the bank.
Unfortunately, most credit agreements are not valid when a customer signs up with a bank. The more disturbing is the fact that customers are generally not aware of this glitch. They think that their credit cards are valid for any purchase and head to retail stores to use them.
The actual shock comes when they are told that they cannot make a payment out of their cards. Some face quite embarrassing situations if they have no other option of payment. Just think about eating in a posh restaurant and then your credit card is rejected. It would be a really shameful situation.
Some ways are there by which you can find out about the validity of your credit card agreement. The first thing to look for is the authentication stamp by the bank. If that is not the case, immediately call your bank agent. There are certain clauses and terms in the credit agreement that gives you a real view of the situation. The most important one is the prescribed items list in the agreement. If the agreement is void on these terms or if they are not written clearly, this means that the agreement is actually flawed and unenforceable.
Consumer credit rights are protected under the 1974 Consumers Credit Act that also saw some amendment in 2007. However, the amendments have complicated the procedure and a customer has to present documentary proofs that the creditors have misled him or her. Payment Protection Insurance or PPI is levied on these credit card agreements and it also poses many problems. You can check the terms and regulations of PPI on your agreement. If you find any discrepancies, it means that your agreement is not valid.
The legal battle over invalid credit agreements is long and difficult. There are so many ambiguities in the law and practices that it is a no win situation for both parties unless your case is very strong. Whatsoever maybe the reason of an invalid credit card agreement, a customer has to suffer in the end. Getting a legal cover is always a recommendable option as it can protect your finances in the long run.
Simon P Jennings is a financial consultant. You may contact him to take his opinion for Unenforceable Credit Agreement and get professional advice at http://www.claimsadvicecentre.com
Article Source: http://EzineArticles.com/?expert=Simon_P_Jennings
Non-Disclosure Agreements and Their Importance in Development of New Ideas
A non-disclosure agreement is made between two parties when they agree that one or both parties will not reveal specific information that is considered to be confidential by the disclosing party. Non-disclosure and confidentiality agreements are commonly used to enforce obligations of confidentiality on a party that is receiving information or material from a disclosing party that the second party considers to be secret or classified.
There are some very important issues to consider when drafting a non-disclosure agreement. To begin with, it is necessary to clearly and specifically identify and describe the information that is to be considered confidential. If there are any limitations on which information is to fall into this category then they need to be specified.
For example, there may be information that is already known to the party that will be signing the agreement. Information that is made public must also be addressed. It must be clarified which party is disclosing the information and which party is subject to the non-disclosure agreement.
The time period during which this information is to remain confidential is also an important concern to be addressed in the non-disclosure agreement. Does the confidential information actually qualify as a "trade secret" to be kept private indefinitely, or will there be a time-based limitation? There may also be specific purposes for which the information will need to be disclosed, and then these situations need to be specified as well.
There are some specific provisions that may be frequently found in a non-disclosure agreement. There may be a provision that allows the remaining portion of the agreement to remain in effect if another portion of the agreement is found for some reason to be unenforceable. There may be a provision dealing with whether or not the non-disclosure agreement will be binding to heirs or other assigns.
There is often a provision that calls for the return of any confidential materials that have been used by the recipient (signing party). A provision is often included that states that the disclosing party retains the right to have an injunction issued by a court if the non-disclosure agreement is ever breached.
Provisions that specify the ownership of all the confidential information may be required. It is also often detailed in a provision how and when disputes will be arbitrated as well as the controlling law.
In order to execute a non-disclosure agreement, it is necessary that the information that is to be protected will protect a justifiable business concern. For example, information that is commonly known through a specific industry will generally not be covered by a non-disclosure agreement, or else that portion of the agreement may be found to be unenforceable.
For information to be protected from disclosure, it needs to truly be secret, it must have actual commercial value, and it must pose a threat to a company's operations if the information is disclosed.
For these reasons, you may want to consult with an attorney before drafting or signing a non-disclosure agreement. On the other hand, this is one of many types of common contracts that can easily be purchased in downloadable form on the internet.
Mark A. Warner is a Non-Disclosure Agreement Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDcs.com.
Article Source: http://EzineArticles.com/?expert=Mark_A._Warner
There are some very important issues to consider when drafting a non-disclosure agreement. To begin with, it is necessary to clearly and specifically identify and describe the information that is to be considered confidential. If there are any limitations on which information is to fall into this category then they need to be specified.
For example, there may be information that is already known to the party that will be signing the agreement. Information that is made public must also be addressed. It must be clarified which party is disclosing the information and which party is subject to the non-disclosure agreement.
The time period during which this information is to remain confidential is also an important concern to be addressed in the non-disclosure agreement. Does the confidential information actually qualify as a "trade secret" to be kept private indefinitely, or will there be a time-based limitation? There may also be specific purposes for which the information will need to be disclosed, and then these situations need to be specified as well.
There are some specific provisions that may be frequently found in a non-disclosure agreement. There may be a provision that allows the remaining portion of the agreement to remain in effect if another portion of the agreement is found for some reason to be unenforceable. There may be a provision dealing with whether or not the non-disclosure agreement will be binding to heirs or other assigns.
There is often a provision that calls for the return of any confidential materials that have been used by the recipient (signing party). A provision is often included that states that the disclosing party retains the right to have an injunction issued by a court if the non-disclosure agreement is ever breached.
Provisions that specify the ownership of all the confidential information may be required. It is also often detailed in a provision how and when disputes will be arbitrated as well as the controlling law.
In order to execute a non-disclosure agreement, it is necessary that the information that is to be protected will protect a justifiable business concern. For example, information that is commonly known through a specific industry will generally not be covered by a non-disclosure agreement, or else that portion of the agreement may be found to be unenforceable.
For information to be protected from disclosure, it needs to truly be secret, it must have actual commercial value, and it must pose a threat to a company's operations if the information is disclosed.
For these reasons, you may want to consult with an attorney before drafting or signing a non-disclosure agreement. On the other hand, this is one of many types of common contracts that can easily be purchased in downloadable form on the internet.
Mark A. Warner is a Non-Disclosure Agreement Research Analyst for RealDealDocs.com. RealDealDocs gives you insider access to millions of legal documents online drafted by the top law firms in the US that you can download, edit and print. Search For Free at RealDealDcs.com.
Article Source: http://EzineArticles.com/?expert=Mark_A._Warner
Enforceability of Prenuptial Agreements!
Prenuptial agreements are extremely enforceable in Rhode Island (RI). A Prenuptial agreement is also commonly called a Premarital Agreement or an Antenuptial agreement. A Prenuptial agreement should be drafted by a Rhode Island Family Law and Divorce attorney / lawyer.
The Rhode Island Supreme Court has made prenuptial agreements extremely difficult to set aside!
Rhode Island General Law 15-17-6 and established Rhode Island Supreme Court decisions create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.
R.I.G.L Section 15-17-6 states:
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; and
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.
(c) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(d) An issue of unconscionably of a premarital agreement shall be decided by the court as a matter of law."
The intent of the statute is to "preserve the validity of such agreements". In order to invalidate a premarital agreement a person must prove every element of the statute by clear and convincing evidence.
The bottom line is the premarital agreements are extremely difficult to invalidate in rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island law. I always insert a paragraph in my prenuptial agreements that Rhode Island law will govern the interpretation and enforceability of the agreement. However, there is no 100 percent assurance that some judge of a different state will follow RI Law.
If a person signs a prenuptial without a lawyer is it enforceable?
Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted.
You can contact attorney David Slepkow by going to http://www.slepkowlaw.com/ or by calling him at 401-437-1100.
Also please visit : East Providence RI divorce Attorney
Article Source: http://ezinearticles.com/?expert=David_Slepkow
The Rhode Island Supreme Court has made prenuptial agreements extremely difficult to set aside!
Rhode Island General Law 15-17-6 and established Rhode Island Supreme Court decisions create a heavy burden on a person seeking to invalidate a prenuptial agreement in Rhode Island.
R.I.G.L Section 15-17-6 states:
(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(1) That party did not execute the agreement voluntarily; and
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
(i) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
(ii) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) The burden of proof as to each of the elements required in order to have a premarital agreement held to be unenforceable shall be on the party seeking to have the agreement declared unenforceable and must be proven by clear and convincing evidence.
(c) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(d) An issue of unconscionably of a premarital agreement shall be decided by the court as a matter of law."
The intent of the statute is to "preserve the validity of such agreements". In order to invalidate a premarital agreement a person must prove every element of the statute by clear and convincing evidence.
The bottom line is the premarital agreements are extremely difficult to invalidate in rhode Island. There is one potential trap that exists. If the parties change residency and get divorced in a different state, the other state might be hesitant to enforce Rhode Island law. I always insert a paragraph in my prenuptial agreements that Rhode Island law will govern the interpretation and enforceability of the agreement. However, there is no 100 percent assurance that some judge of a different state will follow RI Law.
If a person signs a prenuptial without a lawyer is it enforceable?
Yes. It may be preferable for a person to have a lawyer but it is far from required to make the premarital agreement enforceable.
David Slepkow is a Rhode Island lawyer concentrating in divorce, family law, restraining orders, child support, custody and visitation. David Slepkow has been practicing for over 9 years and is licensed in Rhode Island , Massachusetts and Federal Court. Free initial consultations. Credit Cards Accepted.
You can contact attorney David Slepkow by going to http://www.slepkowlaw.com/ or by calling him at 401-437-1100.
Also please visit : East Providence RI divorce Attorney
Article Source: http://ezinearticles.com/?expert=David_Slepkow
10 Things You Need to Know About Challenging Unfair Credit Agreements
If you've head that there may be a way that you don't have to pay off your loan, credit card and car finance, then you'll probably want to know more about it, and whether this actually applies to you.
Here's what you need to know.
1. Thousands of people have been affected by an Unfair Credit Agreements, and many are looking into finding out if they are entitled not to pay their creditors.
2. There are many types of credit agreement that are affected, so if you've got a loan, vehicle finance, credit card, store card, or a deferred (buy now, pay later) loan, then you might want to see if you're affected.
3. In order to be eligible to have your agreement checked, you'll need to have a balance of at least £1000 on your agreement and over 12 months left of the agreement. If this is the case, then you might want to go ahead, and see whether you legally don't have to pay off your creditors.
4. The next step involved finding a reputable and experienced claims company who will be able to guide you through the process, and tell you what you need to know, and what to expect.
5. You'll need a copy of the agreement that you want to challenge, and if you don't have a copy, then you'll need to ask your creditors for it.
6. If you don't have a copy of it, then you'll need to ask your creditors for it, because without it, there is no way of knowing whether the credit agreement is legal or not.
7. Once the agreement obtained, it is audited by the claims company and the solicitor, who will then be able to determine whether it is an unenforceable credit agreement or not.
8. The claims company will then inform you'll as to whether you have grounds to prosecute the lender, and what happens next.
9. If the lender is found to be in breach of the Consumer Credit Act, then the lender will be informed, and will have to decide whether to settle out of court, or go to court and challenge the findings of the claims company.
10. If you are successful with your challenge, and the credit agreement is unenforceable, you won't have to pay it off, which is likely to be a worry off your mind in the current financial climate.
Now you know more about how to what to expect, is it time for you to check your loans and credit cards, and challenge an unfair credit agreement?
If you think that your credit agreement might be unfair, and you want it to be checked out, why not speak to an experienced Unenforceable Credit Agreement Specialist, and find out how you can become Credit Clear, at CreditClearUK.co.uk today. Make this your first step to becoming debt free.
Article Source: http://EzineArticles.com/?expert=M_James
Here's what you need to know.
1. Thousands of people have been affected by an Unfair Credit Agreements, and many are looking into finding out if they are entitled not to pay their creditors.
2. There are many types of credit agreement that are affected, so if you've got a loan, vehicle finance, credit card, store card, or a deferred (buy now, pay later) loan, then you might want to see if you're affected.
3. In order to be eligible to have your agreement checked, you'll need to have a balance of at least £1000 on your agreement and over 12 months left of the agreement. If this is the case, then you might want to go ahead, and see whether you legally don't have to pay off your creditors.
4. The next step involved finding a reputable and experienced claims company who will be able to guide you through the process, and tell you what you need to know, and what to expect.
5. You'll need a copy of the agreement that you want to challenge, and if you don't have a copy, then you'll need to ask your creditors for it.
6. If you don't have a copy of it, then you'll need to ask your creditors for it, because without it, there is no way of knowing whether the credit agreement is legal or not.
7. Once the agreement obtained, it is audited by the claims company and the solicitor, who will then be able to determine whether it is an unenforceable credit agreement or not.
8. The claims company will then inform you'll as to whether you have grounds to prosecute the lender, and what happens next.
9. If the lender is found to be in breach of the Consumer Credit Act, then the lender will be informed, and will have to decide whether to settle out of court, or go to court and challenge the findings of the claims company.
10. If you are successful with your challenge, and the credit agreement is unenforceable, you won't have to pay it off, which is likely to be a worry off your mind in the current financial climate.
Now you know more about how to what to expect, is it time for you to check your loans and credit cards, and challenge an unfair credit agreement?
If you think that your credit agreement might be unfair, and you want it to be checked out, why not speak to an experienced Unenforceable Credit Agreement Specialist, and find out how you can become Credit Clear, at CreditClearUK.co.uk today. Make this your first step to becoming debt free.
Article Source: http://EzineArticles.com/?expert=M_James
The Emerging Prevalance of Prenuptial Agreements
While prenuptial agreements used to be a very touchy subject, in recent years they have become more and more popular. The reality is, over 50% of marriages end in divorce, and couples who are about to wed are wise to think about protecting themselves... just in case things don't work out. Interesting, as prenuptial agreements are becoming more commonplace, they are also seen as less adversarial, and more cooperative. Prenuptial agreements can be a sound means for couples to plan and control their future, whether their marriage works out or unfortunately does not.
The intricacies of prenuptial agreements, despite their rising popularity, continue to be a mystery. For example, a prenuptial agreement cannot in any way "promote divorce." Such an agreement would be deemed unenforceable in a court of law. Furthermore, agreements in a prenuptial agreement that state the amount or frequency of future child support would also be deemed unenforceable. A court will always look to the best interests of the children, and never what a couple may or may not have thought fair before they entered a marriage. These types of things, if written into a prenuptial agreement, may make the entire prenuptial agreement unenforceable - a good reason to work with an experienced prenuptial agreement attorney.
Sometimes asking your future spouse to sign a prenup can be tough, and broaching the subject is often a hard thing to do without hurting your future spouse's feelings. We would suggest that rather than approach the subject from the perspective that over 50% of marriages end in divorce and you want to protect your own personal interests should things not work out, take a different route instead. Tell your spouse that while you love them deeply, you want, for both of your sake, to plan ahead just in case. A well thought out prenuptial agreement can protect both of you -- you can plan who will get the home, who will have what rights to your retirement accounts, etc, so that if things do not work out in the future, these is little to fight about. The divorce would not be messy with a nasty, public divorce case -- it can be handled quietly and amicably though the prenuptial agreement signed beforehand.
Mike Jonesan is a nationally recognized lecturer on divorce and family law issues. A resident of Georgia, he frequently counsels Georgia prenuptial agreement attorneys on creating fair and equitable prenuptial agreements. He can be reached at http://www.georgiaprenuptialagreements.com
Article Source: http://EzineArticles.com/?expert=Mike_Jonesan
The intricacies of prenuptial agreements, despite their rising popularity, continue to be a mystery. For example, a prenuptial agreement cannot in any way "promote divorce." Such an agreement would be deemed unenforceable in a court of law. Furthermore, agreements in a prenuptial agreement that state the amount or frequency of future child support would also be deemed unenforceable. A court will always look to the best interests of the children, and never what a couple may or may not have thought fair before they entered a marriage. These types of things, if written into a prenuptial agreement, may make the entire prenuptial agreement unenforceable - a good reason to work with an experienced prenuptial agreement attorney.
Sometimes asking your future spouse to sign a prenup can be tough, and broaching the subject is often a hard thing to do without hurting your future spouse's feelings. We would suggest that rather than approach the subject from the perspective that over 50% of marriages end in divorce and you want to protect your own personal interests should things not work out, take a different route instead. Tell your spouse that while you love them deeply, you want, for both of your sake, to plan ahead just in case. A well thought out prenuptial agreement can protect both of you -- you can plan who will get the home, who will have what rights to your retirement accounts, etc, so that if things do not work out in the future, these is little to fight about. The divorce would not be messy with a nasty, public divorce case -- it can be handled quietly and amicably though the prenuptial agreement signed beforehand.
Mike Jonesan is a nationally recognized lecturer on divorce and family law issues. A resident of Georgia, he frequently counsels Georgia prenuptial agreement attorneys on creating fair and equitable prenuptial agreements. He can be reached at http://www.georgiaprenuptialagreements.com
Article Source: http://EzineArticles.com/?expert=Mike_Jonesan
Unfair Credit Agreements - What You Need to Know
There are several kinds of consumer credit agreements and it is possible that you may have signed one or more of such agreements totally unaware of the unfair practices used in these agreements. Today, not only people in the UK, but also around the world are victims of unfair credit agreements and the sad part of all this is that they are totally ignorant to it.
Unfair credit agreements generally refer to unjust clauses that are drawn up by some credit companies or lending institutions in order to get higher interests from borrowers without their suspecting it. It therefore becomes essential that you evaluate a credit agreement thoroughly before you agree to it or else you could be paying a heavy price in the process. In order to check that the agreements you have signed abide by the laws of the Consumer Credit Act of 1974, you can hire professional services that will check the agreements for you and point out if there are any discrepancies. If any inaccuracies are to be found in them, the agreements are deemed to be unenforceable and the debtor can make a rightful claim.
If you feel that you are paying more than you had expected, there are numerous companies in the UK that offer financial claims services to help you claim your rights. They have a team of experts, who will help to alter the agreement, lower the debt or have it written off completely. Their solicitors will approach the case legally and provide a solution to your benefit. Unfair credit agreements that you can check for include credit and store cards, secured as well as unsecured loans, consolidation loans, motor finance and hire purchase agreements. Claims for unfair credit agreements can be made by residents of England, Scotland, Wales and Northern Ireland as well as by those residing outside the country but have a UK loan. They can make a claim for any debts over £1,000.
However according to the 1974 Consumer Credit Act, only agreements below £25,000 can be considered as unenforceable while the 2006 act states that all agreements may not be termed as unenforceable but could be called unfair. According to this new act, it is mandatory that certain clauses be included in an agreement, if it is to be called a fair deal.
As unfair credit agreements can lead to a great loss of finances, it is advisable to get your agreements checked. Since this is something that you cannot achieve on your own, it is feasible to hire a credit management agency to check the agreements for you and carry out any legal processes if required.
Anthony Foster is a search engine consultant in the financial services industry. covering many areas including Unfair Credit Agreements
Article Source: http://EzineArticles.com/?expert=Andrew_Foster
Unfair credit agreements generally refer to unjust clauses that are drawn up by some credit companies or lending institutions in order to get higher interests from borrowers without their suspecting it. It therefore becomes essential that you evaluate a credit agreement thoroughly before you agree to it or else you could be paying a heavy price in the process. In order to check that the agreements you have signed abide by the laws of the Consumer Credit Act of 1974, you can hire professional services that will check the agreements for you and point out if there are any discrepancies. If any inaccuracies are to be found in them, the agreements are deemed to be unenforceable and the debtor can make a rightful claim.
If you feel that you are paying more than you had expected, there are numerous companies in the UK that offer financial claims services to help you claim your rights. They have a team of experts, who will help to alter the agreement, lower the debt or have it written off completely. Their solicitors will approach the case legally and provide a solution to your benefit. Unfair credit agreements that you can check for include credit and store cards, secured as well as unsecured loans, consolidation loans, motor finance and hire purchase agreements. Claims for unfair credit agreements can be made by residents of England, Scotland, Wales and Northern Ireland as well as by those residing outside the country but have a UK loan. They can make a claim for any debts over £1,000.
However according to the 1974 Consumer Credit Act, only agreements below £25,000 can be considered as unenforceable while the 2006 act states that all agreements may not be termed as unenforceable but could be called unfair. According to this new act, it is mandatory that certain clauses be included in an agreement, if it is to be called a fair deal.
As unfair credit agreements can lead to a great loss of finances, it is advisable to get your agreements checked. Since this is something that you cannot achieve on your own, it is feasible to hire a credit management agency to check the agreements for you and carry out any legal processes if required.
Anthony Foster is a search engine consultant in the financial services industry. covering many areas including Unfair Credit Agreements
Article Source: http://EzineArticles.com/?expert=Andrew_Foster
Noncompete Agreements - A Form of Business Insurance
It's ironic that one of your business's greatest assets can also be one of its greatest threats. Key employees--those who have expertise and knowledge that is critical to your operations--can certainly help your business flourish. But when they leave your employ and take your strategic plans, financial information, trade secrets or customer lists to your competitor, they can significantly jeopardize your success.
That's why many companies consider noncompete agreements a form of business insurance: they provide some protection against the loss of highly confidential, strategic, operational, financial and other proprietary information, and they offer some legal recourse should a key employee leave to work for a competitor.
When deciding whether to use noncompete agreements, think about your goals. You must have a legitimate business reason for asking employees to sign these agreements. It's helpful to ask yourself how much such key employees could damage your business if they went to a competitor. Would they have strategic, operational, financial or other proprietary information to share? Could they take your customers, clients or trade secrets with them?
Be selective yet consistent when determining which employees should sign noncompete agreements, and remember they must be used uniformly among employee groups. If, for example, you own an advertising agency and ask an account executive to sign an agreement, be sure to ask all account executives to sign one. But it may not be necessary, or reasonable, to ask support or custodial staff to sign one.
If you want to use noncompete agreements, keep in mind that they must be supported by 'consideration' for the employees who sign them. Consideration means that there must be some financial or other benefit to employees for signing them. If the agreement is introduced at hiring, the benefit for the employee would be employment. If the agreement is being introduced to an existing employee, the benefit may be for a significant promotion or raise.
Noncompete agreements should include three key elements. First, they should place reasonable and clear restrictions on the employee. For example, a key salesperson should agree to return all company materials on termination, including not only customer lists, but also product and pricing information.
Second, they should include nondisclosure language, wherein employees agree not to share information learned from their employment with other employers. That's especially critical when trade secrets, trade practices and patents are essential to your business's success.
Finally, noncompete agreements should include restrictions on subsequent employment, including both narrow geographic and time limitations. A good rule of thumb is that noncompete agreements should be limited to a maximum of two years (depending on the facts of employment) and a 25-mile radius from the employee's primary place of employment.
This last point is where many agreements become unenforceable. Courts strongly disfavor noncompete agreements, and there are statutes that limit their nature and scope, saying they are enforceable only if they impose restrictions that are "reasonably necessary for the protection of the employer." In determining whether your agreement is enforceable, Wisconsin courts will want to see that the agreement allows the employee to continue working in his or her profession elsewhere. The object is to strike a balance between what's necessary to protect the business and the employee's right to work.
It's important to note that in Wisconsin if any portion of a noncompete agreement is not enforceable, then the entire agreement is unenforceable, even the portions deemed "reasonably necessary." So if your agreement establishes standards for termination and you terminate the employee in violation of the terms of the contract, you will be in breach and the entire agreement will be considered unenforceable.
The goal with noncompete agreements should be to protect your business, not to punish employees who leave it. If your agreement is reasonable and fair, you'll have a much easier time getting employees to agree to it as well as getting courts to enforce it.
Michael L. Stoker is an attorney with Johns, Flaherty & Collins, SC, (http://www.johnsflaherty.com), a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm. Stoker's article was originally published in The Business News.
Article Source: http://EzineArticles.com/?expert=Michael_L._Stoker
That's why many companies consider noncompete agreements a form of business insurance: they provide some protection against the loss of highly confidential, strategic, operational, financial and other proprietary information, and they offer some legal recourse should a key employee leave to work for a competitor.
When deciding whether to use noncompete agreements, think about your goals. You must have a legitimate business reason for asking employees to sign these agreements. It's helpful to ask yourself how much such key employees could damage your business if they went to a competitor. Would they have strategic, operational, financial or other proprietary information to share? Could they take your customers, clients or trade secrets with them?
Be selective yet consistent when determining which employees should sign noncompete agreements, and remember they must be used uniformly among employee groups. If, for example, you own an advertising agency and ask an account executive to sign an agreement, be sure to ask all account executives to sign one. But it may not be necessary, or reasonable, to ask support or custodial staff to sign one.
If you want to use noncompete agreements, keep in mind that they must be supported by 'consideration' for the employees who sign them. Consideration means that there must be some financial or other benefit to employees for signing them. If the agreement is introduced at hiring, the benefit for the employee would be employment. If the agreement is being introduced to an existing employee, the benefit may be for a significant promotion or raise.
Noncompete agreements should include three key elements. First, they should place reasonable and clear restrictions on the employee. For example, a key salesperson should agree to return all company materials on termination, including not only customer lists, but also product and pricing information.
Second, they should include nondisclosure language, wherein employees agree not to share information learned from their employment with other employers. That's especially critical when trade secrets, trade practices and patents are essential to your business's success.
Finally, noncompete agreements should include restrictions on subsequent employment, including both narrow geographic and time limitations. A good rule of thumb is that noncompete agreements should be limited to a maximum of two years (depending on the facts of employment) and a 25-mile radius from the employee's primary place of employment.
This last point is where many agreements become unenforceable. Courts strongly disfavor noncompete agreements, and there are statutes that limit their nature and scope, saying they are enforceable only if they impose restrictions that are "reasonably necessary for the protection of the employer." In determining whether your agreement is enforceable, Wisconsin courts will want to see that the agreement allows the employee to continue working in his or her profession elsewhere. The object is to strike a balance between what's necessary to protect the business and the employee's right to work.
It's important to note that in Wisconsin if any portion of a noncompete agreement is not enforceable, then the entire agreement is unenforceable, even the portions deemed "reasonably necessary." So if your agreement establishes standards for termination and you terminate the employee in violation of the terms of the contract, you will be in breach and the entire agreement will be considered unenforceable.
The goal with noncompete agreements should be to protect your business, not to punish employees who leave it. If your agreement is reasonable and fair, you'll have a much easier time getting employees to agree to it as well as getting courts to enforce it.
Michael L. Stoker is an attorney with Johns, Flaherty & Collins, SC, (http://www.johnsflaherty.com), a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm. Stoker's article was originally published in The Business News.
Article Source: http://EzineArticles.com/?expert=Michael_L._Stoker
Subscribe to:
Posts (Atom)