Is it possible to have a &quot;future&quot; settlement in case of divorce? This is a shame question. But my spouse and I usually have conflict and the spouse wants to ensure we have an agreement in place for future potential divorce (e.g. money, kid..). It is the way the spouse wants to hold it against me so I don't violate a certain terms in the marriage and try to hold the marriage together. Is there such as as &quot;legal document on future settlement in case of divorce&quot;? For example, the spouse wants to write in there a big bite out of my assets (not 50/50) IF I cause the divorce to happen. If there is such thing, do I get notarized then?
Yes, it's called a post-nuptial agreement.
The title asks about double jeopardy, but the the body seems to be asking about statute of limitations, which is a separate issue. If an argument regarding timeliness is made by John, it likely will not be based on a statute of limitations. If Jane is asking for a restraining order, she will have to show a high likelihood of harm. If further actions have occurred recently, then any statute of limitations would not apply. If four years have gone by without any further actions by John, then Jane is unlikely to convince a judge that harm is imminent. Restraining orders are not supposed to be punitive, but preventative, thus the concept of statutes of limitations generally does not apply; as they are supposed to be used to prevent imminent harm, only the current situation is considered. Long-past actions are relevant only as to interpretation of current facts. One does not get a restraining order "for" violent acts done against one; one gets a restraining order to prevent future acts, and uses previous violent acts as evidence of the likelihood of those acts. Asking a court to protect oneself from someone who has not been in one's life for four years is unlikely to go over well.
It's a gray area. You won't know for certain until a case is tried by a court. Regulatory bodies are notoriously assertive on the matter of jurisdiction. If there is a gray area, they often assert jurisdiction first, then let the judiciary limit their authority. Also, if you try to ask the regulatory body for an opinion or "permission" in advance (as a prudent person might think to do), they might offer you one if you are lucky. But they will most likely qualify it as "non-binding." In other words, they give themselves wiggle room to change their mind at a later time to file an action against you. The long and short of it is, the scenario you describe is likely to at least cost John Smith a fortune in legal fees to litigate the matter with the California authorities. So it would be prudent not to give the advice in the first place. Even if he were to ultimately eventually prevail on the action.
Legalese is not required You can and should write a will in plain English. However, you need to ensure that your simple wishes can: Actually be understood, Actually be implemented, Don't have unintended consequences, Cover all bases. Use a lawyer I suggest that you write your simple wishes out as you have done and take them to a lawyer. A good lawyer will be able to: Draft a will and have it executed so that it complies with the law, Keep a copy of the will so that your executor can find the damn thing without having to tear your house apart, Consider the contingencies that you haven't. My lawyer charged me and my wife $150 each - 20 years latter the estate has twice as many children and would be worth several million dollars; I consider it one of the cheapest pieces of insurance I have ever bought. Contingencies Who is the executor of the will? This is the person who administers the estate until it is finalised. As written, you haven't named one: in most jurisdictions this makes the government's Public Trustee the executor. How and how much will the executor get paid? Executor's are entitled to be paid for their services. What happens if you and your wife are separated or divorced at the time of your death? Wills are not automatically terminated by these events. What if Bob is dead before you die? Or has emigrated? Or is insane? What if Bob dies in the same car crash that kills you and your wife? What if Bob dies after he becomes the trustee of the trust? Who will be your child's guardian? As written, Bob is responsible for the finances but he is not the guardian. The child would be reliant on kinship guardianship or become a ward of the state. For what purposes can Bob use the trust money? Education of the child? Vacations for the child? His own gambling problem? Can the trust borrow money? What types of investments can the trust make? Bolivian palm tree futures anyone? Does Bob need to get professional financial advice about this? Who will audit the trust to ensure Bob is behaving appropriately? Your wife falls pregnant tomorrow. Do you want to write a new will or have one that works no matter how many children you have? What if all 3 of you die in the same car crash? Who gets the estate then? Only people with no assets or dependants have a simple estate
Do I have any recourse for invalidating all or part of the contract? No. There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the parties agreed. Also, if you signed it, then you are legally stating: I read it, I understand it and I agree to it - don't sign things you don't understand. If your lawyer has produced something you don't understand then have them redraft it until you do. Would a successful suit against the lawyer for malpractice or negligence make any difference? No. A suit against you lawyer may get you damages from your lawyer but it will not affect the rights of third-parties. What is best practice for avoiding flawed contracts like this in the first place? Read and understand the contract. Educate yourself enough in the law so that you can do this. Your lawyer is there to give you professional advice; you are there to make your own decisions.
Most Likely Yes to both. It really depends on the nature of your agreement, oral agreements are as legally binding as written ones, but as a matter of evidence in court written contracts are of course better. So looking at your agreement: did you agree to pay the full amount, in return for a place to study? Or did you specifically agree to pay on a rolling basis, where you pay for however long you actually study? I would believe that you had agreed to the first type of agreement, since that is what most study contracts are. And if that's the case: You pay to be allowed to attend, whether you actually attend or not isn't important. And even if you pay on a rolling basis, I would think in a lawsuit the court would find that - judging on previous payments - you'd have agreed to pay on a per semester basis, meaning that the incomplete semester would round up and you would still have to pay for it. I would lean yes to the 2nd question (but im not sure so anyone with more info please chime in). This answer can be more useful if you be specific about the terms and conditions of your study
When it says &quot;any e-filed document submitted in support of, in opposition to, or in connection with any motion or application must be delivered to the courtroom clerk assigned to the Department in which the motion or application will be heard&quot; this appears to apply to motions and other requests and not to complaints. This said, the easiest way to determine the answer would be to call the clerk of the court's office and ask. An answer from a clerk of the court would be definitive and easy to secure.
Courts have inherent jurisdiction to reconsider/recall their own decisions. This rarely happens (especially if the decision has already been &quot;sealed&quot; i.e. issued in writing) but still possible. The principle of finality only applies to parties asking courts to reconsider; it does not constrain courts themselves. So, in this example, &quot;the judge agrees to vacate them&quot; but that decision hasn't been sealed yet. The judge can easily just change their mind (although, again, it rarely happens). No double jeopardy applies because it is still the same trial.