what question to ask the lawyer during review the properties separation agreement

Do I need a lawyer to review a separation agreement?

Often an attorney can negotiate to rewrite or remove unfavorable language, or else to obtain additional compensation in exchange for retaining it. Below are the top ten examples of separation agreement provisions that an employee should have an attorney review. 1.

What should I ask my client when drawing up a separation agreement?

When drawing up a separation agreement, an employment law expert will ask the client why they think the document is needed and what they hope to achieve through its use. Is the separation agreement intended to reward the departing worker for their tenure and dedication to the company?

Can a separation agreement be set aside by a court?

However, if the separation agreement is unfair or unreasonable a court will set aside such a contract and will not enforce it. For example, a separation agreement that is unreasonable is one that may exempt the noncustodial parent from paying child support to the custodial parent.

How can a separation agreement protect an employer from a lawsuit?

Offering a handsome severance package, along with a well drafted separation agreement, can protect employers from potential lawsuits and help them safeguard their proprietary information. Dealing with employment separation is never easy, but knowing the law and having a basic understanding of separation agreements and how they work can help a lot.

What should a lawyer review with their clients before trial?

How to feel comfortable with an attorney?

What is the importance of having a lawyer?

Why is it important to choose the right lawyer?

How to discuss case strategy?

What is a conflict in a lawyer?

What should a lawyer outline?

See more

About this website

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

Which issues would be considered in a separation agreement?

the division of marital assets and debts. spousal support (maintenance or alimony) child custody. child support.

What should a woman ask for in a divorce settlement?

You can ask for life insurance, a smaller share of your accumulated debt, more of the family heirlooms or jewelry, or a higher percentage of the retirement funds. Just like women, the men can ask for whatever they feel like they're entitled to within the divorce.

What questions should I ask when getting a divorce?

Questions to ask a divorce attorney on the first visit about communicationHow often will we communicate about my case? ... How will we communicate with each other? ... What communication should I have with my spouse about the issues you and I discuss? ... How can I keep communication between my spouse and me amicable?More items...

What should you not do when separating?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

Will separation agreement hold up in court?

Your separation agreement has to follow certain rules to make it legal and “enforceable” or “binding”. This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it.

Why moving out is the biggest mistake in a divorce?

You Can Damage Your Child Custody Claim One of the most significant ways moving out can influence your divorce is when it comes to child custody. If you move out, it means you don't spend as much time with your kids. Not only can this harm your relationship, but it can also damage your custody claim.

How is property settlement calculated in a divorce?

How to calculate a fair settlementMake a list of assets and liabilities.Assess the initial contributions of each party.Consider the length of the relationship.Determine whether or not any assets or liabilities should go together or in separate pools.Deduct the liabilities from the assets to get the total property pool.More items...

Who loses more in a divorce?

Marriage is connected to a longer lifespan for both men and women. While both genders see a rise in deaths following divorce, the rate for men is 1,773 per 100,000, compared to 1,096 for women.

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

What to do before telling spouse you want a divorce?

Top 10 Things to Do Before You File For a DivorceNever Threaten to Divorce Until You Are Ready To File. ... Organize Your Documents. ... Focus on Your Children. ... Make Sure You Have Three Months of Financial Resources. ... Obtain the Best Legal Advice You Can Get. ... Make Sure You Have Available Credit.More items...

How do I know if divorce is the right choice?

Before going any further, below are some things to consider to decide if divorce is the best choice or not.Decide Who The Marriage Is Not Working For. ... Don't Get Involved With Other People. ... Don't Let Anger Drive You And Your Spouse To Divorce. ... Get Situated Financially First. ... Keep Divorce Personal.More items...•

6 Useful Questions To Ask A Lawyer Before Hiring Them

If you require a lawyer, it can be difficult to know what to ask them. It is important to have an idea of the different types of questions so you can feel more confident when hiring one. In this blog post, we will discuss 6 questions that are good for any type of legal situation.

18 Questions to Ask to Decide If You Should Be a Lawyer | Top Law ...

Law schools challenge students inside and outside the classroom. Before enrolling in a J.D. program, aspiring lawyers should be aware of what the law school environment will be like, how much it ...

8 Things Most Lawyers Won't Tell You but Should | LawFirms.com

We've all heard horror stories from the legal trenches.... Your lawyer fails to show up, he doesn't make an objection when it's the most important moment, he or she loses your big case for you...

Ten Questions to Ask Your Potential Lawyer - FindLaw

Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions. Find out more at FindLaw's Guide to Hiring a Lawyer Section.

CFCR in Child Custody Disputes

Council for Children’s Rights (CFCR) is a non-profit child advocacy group that in part, represents the interests of minor children in certain child custody disputes in Mecklenburg county, NC.

Separation Agreements in North Carolina, Things to Keep in Mind

Separation agreements are complex documents. It is important to seek legal consultation in your area when involved in the drafting or negotiation of a separation agreement. One of our divorce lawyers recently listed

Relocation, Child Custody, North Carolina

Child custody cases are often hard fought battles. Add a potential long-distance move to the mix and a complex scenario becomes further complicated. In North Carolina, Relocation cases must be decided by the same “best interests of the childR...

Why is it important to ask a divorce attorney about their experience?

First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What happens if an attorney cannot provide references to former clients?

If an attorney cannot provide you with multiple references to former clients, that attorney may not have much success representing clients. The former clients should also be types of cases similar to yours. I am not referring to you going through a divorce and getting a referral to a prior divorce client.

What can a divorce attorney do for you?

An experienced and knowledgeable divorce attorney will provide you with the tools to communicate better with your spouse. These tools include how to communicate with your spouse, when to communicate with your spouse and how to diffuse conflict.

What happens if an attorney does not have a solid command of the law?

If the attorney does not have a solid command of the law on these issues, he or she may lack the experience you need. This is especially true if you expect your divorce to be contested and high conflict. Questions to ask a divorce attorney on the first visit about the divorce process. 1.

What does it mean when an attorney struggles with answering this question?

If an attorney struggles with answering this question, he or she may be a poor communicator. Organized and disciplined attorneys have a proactive communication style that fits the particular client.

Why do you use "likely" in divorce?

I use the word "likely" because there are facts you may not know and which may surprise you during the divorce.

How to plan your life after a divorce?

If you want to plan your life after a divorce, you should at least have a general idea of how long divorces similar to yours take. This planning will also help you prepare a budget for the cost of divorce. The attorney should truthfully tell you there is no way to predict exactly how long a divorce will take.

What is a separation agreement?

A separation agreement is a contract between two parties to a divorce or separation. The fact that it is a contact means that its contents are legally binding to the parties of the agreement and is governed by the law of contracts. Therefore, if any parties to the agreement fail to execute the terms of the contract either party may bring a claim for breach of contract. However, if the separation agreement is unfair or unreasonable a court will set aside such a contract and will not enforce it. For example, a separation agreement that is unreasonable is one that may exempt the noncustodial parent from paying child support to the custodial parent.

How to determine if spousal support is needed?

When addressing spousal support there is need to consider the following factors (this list is not exhausted): 1 Length of marriage – normally the longer one is married the longer one spouse becomes financially dependent on the other 2 Former standard of living – generally courts like to see financially dependent spouses live according to the standard of living that he or she was used to during the marriage 3 The age and health of the spouse receiving spousal support – younger spouses who are in good health are generally viewed to require shorter periods of receiving spousal support as they are still able to find work and find a means of providing for themselves. Conversely, if the spouse is older and has poor health he or she may require more support as he or she is not likely to be able to provide for his or herself. 4 Future financial prospects of the paying spouse – spouses who are likely to be earning more in the future are often expected to pay more spousal maintenance than those who have reached the peak of their careers and have low to no chances of earning more in future.

What is step 3 of separation agreement?

Step 3 – The Retainer (aka the Contract): If the potential client wishes to draft a separation agreement, we will draft a formal retainer (i.e. contract between you and the lawyer) that must be signed by the client and our firm before we begin any work. This document covers the type of legal services that the firm would provide to you.

What is step 2 in a legal consultation?

Step 2 – The Consultation: The potential client brings any relevant documents to the consultation so that we can determine what may be the best legal solution to their legal problem. This consultation is an information session, and we are not hired at this stage to represent the potential client.

How long does it take to get divorced?

Typically this process takes about 2-3 weeks to complete. This timeline is dependent on how much negotiation needs to take place in order to resolve all outstanding issues. However, negotiating the details of your separation outside of court is a faster, simpler, and more cost-effective means of dealing with issues.

What is step 6 in a contract?

Step 6 – Reviewing the First Draft: Once the first draft is completed, we contact the client to review the agreement with them to see if any other provisions need to be included or removed. This is to ensure that the agreement matches the client’s intentions and wishes.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

What are the factors to consider when drafting a separation agreement?

Additional considerations when drafting a separation agreement may include information about protected classes, i.e. age, sex, race and disability. All of these factors should be taken into consideration when drafting a separation agreement, but further refinement often depends on the employee and the nature of the separation.

What is the purpose of a separation agreement?

Another important goal of the separation agreement and severance package is to stop the departing employer from marketing business information to a competitor. This is a key consideration in many lines of business, especially market segments where proprietary information is commonplace and competition is stiff. Depending on the nature of the separation agreement, the departing worker may even be prohibited from seeking employment with a competitor.

What does it mean when an employer has to give additional consideration to an employee over 40?

What that also means is that employers need to give additional consideration to their workers over 40, especially when an involuntary separation is warranted. Whether the separation is the result of an overall force reduction or related to the individual employee only, following the strictures of the ADEA is absolutely essential, and violating those regulations could result in a costly lawsuit and lengthy litigation.

What is the 21/7 rule?

The Age Discrimination in Employment Act (ADEA) imposes a 21/7 rule, which basically means that the ADEA is only valid if the release of the worker is knowing and voluntary . In plain English, the 21/7 rule means that the departing worker has up to 21 days to review their separation agreement. The departing worker has the right to review ...

Why is separation agreement important?

The separation agreement is a key document in the world of employment law, and it is important for employers to think about what they want that document to do and why it is needed. When drawing up a separation agreement, an employment law expert will ask the client why they think the document is needed and what they hope to achieve through its use.

How long does it take to revoke a separation agreement?

The 7 part of the 21/7 rule means that the departing employee has an additional 7 days to revoke their signature on the separation agreement. That additional 7 day period is in addition to the 21 day review period, giving the separated worker a total of 28 days to make a final decision.

Is severance pay a separation agreement?

There is an interesting relationship between separation agreements and severance pay, and that is a good place to start. While an employer is free to provide a departing employee with a severance package without an accompanying separation agreement, when a separation agreement is used, it is almost always accompanied by some sort ...

What is a severance agreement?

Employee Benefits: A severance agreement should explain what benefits the employee will receive upon separating from the employer, such as any continuation of health coverage and the employee's right to stay in the employer's medical plan temporarily under the federal COBRA law. 4. Release of Claims: Employers usually want severance agreements ...

What is a non-disparagement clause?

Non-Disparagement and References: Severance agreements usually include a clause barring the employee from disparaging the former employer. A lawyer can negotiate for a reciprocal prohibition on the employer (or, more specifically, a select group of employees, which can include executives) against disparaging the worker.

What does "pay it regardless of whether a severance agreement is signed" mean?

2. Money the Employer Owes: An employer who owes an employee money – e.g., for unused vacation time or unreimbursed expenses – must pay it regardless of whether a severance agreement is signed. If the parties do plan to sign one, it should include a date by which the employer must pay what it already owes the employee. 3.

Why do employers use severance agreements?

Proprietary Information: Employers usually use severance agreements to prevent former employees from using proprietary information in their future work. An attorney can work with the employee to identify and document the return of all proprietary information.

What can a lawyer negotiate?

In some cases, the lawyer can negotiate a carve-out of certain information that is valuable to the employee ( e.g. performance evaluations) so it can be used in future employment or business.

Do you need to sign a severance agreement?

1. The Severance Payment: If an employee is already entitled to receive a severance payment, whether pursuant to an employment contract or company policy, there is no need to sign a severance agreement to get that money.

Should an employee hire a lawyer to defend him or her in a criminal proceeding?

Just as a client would not hire a real estate lawyer to defend him or her in a criminal proceeding, an employee should think twice about having the lawyer who handled, for example, his or her will, "look over" a separation agreement.

How long does a separation agreement last?

If the party making the offer (here, the employer) says, for example, that the offer expires after seven days , then the offer will expire after seven days.

What is a severance agreement?

Severance agreements (or separation agreements) are legally-binding contracts. They are typically drafted by the employer’s lawyer for the benefit of the employer, not the employee. The employer’s lawyer doesn’t want to leave anything ambiguous; she wants to consider every possible question you ...

Why do employers ask for no rehire?

Your employer is giving you a severance agreement because it wants finality. In other words, it’s paying you money so it doesn’t have to worry about you again. Still, the employer is nervous that you might apply to be rehired, have your application denied, and then sue for retaliation, and it (naturally) wants to avoid that. One way to avoid a future lawsuit would be for you to release all legal claims you might have against the employer in the future. However, you actually cannot do that, because agreements to waive future claims are unenforceable as a matter of public policy. So the employer takes a different route. It has you agree that you won’t apply again and that any application you do submit can be denied because of “irreconcilable differences.”

What to do if you have a legal claim for termination?

If you think you might have a legal claim related to your termination (or any other aspect of your employment) — such as a claim of discrimination or retaliation or for unpaid wages — then you should seek legal assistance before deciding whether or not to sign the proposed severance agreement.

What is a no rehire clause?

Some “no rehire” clauses can function essentially as restrictive covenants, effectively preventing you from earning a living in your chosen field. Other clauses might be narrow enough to be acceptable to you. 6.

What does the agreement almost certainly contain?

The agreement almost certainly contains a provision that states, in substance, that you are not relying on any other representations that have been made to you outside this written agreement and that you understand that the entire agreement is expressed in writing in this document.

Can a severance agreement affect my future?

By the same token, however, severance agreements often contain provisions that are detrimental to you as an employee and could even impede your ability to find work in the future or to obtain all of the benefits to which you are entitled. The best course if you receive a severance agreement is to speak with an experienced employment lawyer, ...

What is the motivation for severance package?

One of the biggest questions you need to ask is what is the motivation of the company for offering this severance package? Most severance packages include a section that limits your ability to file a lawsuit against the company for anything that may have taken place during the time of your employment or after you were terminated. This could include things like wrongful termination, harassment of almost any type, disputed overtime, and much more. If it seems like the company is simply offering this package to try to eliminate a potential lawsuit, it might not be a good idea to sign it.

Can a severance agreement prevent you from working for a competitor?

Some severance agreements will include a non-compete agreement, which could prevent you from working for a competitor in the same industry for a set amount of time. Depending on where you are working, and which industry, this could be a significant problem.

Can you sue if you sign a severance agreement?

If you sign the severance agreement, however, you have likely given up the right to sue. If you really need the quick payday from the severance agreement, it may be worth giving up the potential lawsuit. If you can afford to wait, however, the lawsuit may have much greater financial potential.

Is a severance agreement important?

While this question is not specifically about the severance agreement, it is still very important. If you have any doubt about the situation, it is a good idea to show the proposed agreement to an attorney and discuss all of your options. Even if you decide that signing is the best course of action, at least you’ll know that you fully evaluated all of the benefits and risks beforehand.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.