Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Oral Modifications of Separation Agreements
Separation agreements in matrimonial actions often contain provisions prohibiting oral modification or waiver of their terms. These provisions usually contain language to the effect that 'no modifications, waiver or termination of any of the terms of this stipulation shall be valid unless in writing and executed with the same formality as this agreement.' Despite such language, are there any possible scenarios under which the terms of such an agreement can be modified or waived without a written agreement? The answer may surprise you.
Exceptions to 'No Oral Modification' Provisions
Consider the following fact pattern: The parties in a divorce action enter into a stipulation of settlement, which is incorporated, but not merged, into the judgment of divorce. The stipulation of settlement (the stipulation) provides that the husband is required to pay maintenance to the wife until she remarries or resides with an unrelated male for 30 consecutive days. The stipulation additionally contains a clause providing that no modification, waiver or termination of any of the stipulation's terms shall be valid unless in writing. One year later, upon discovering that his ex-wife was cohabiting with another male for several months, the husband confronts the wife, leading to an oral agreement between the parties that the husband's maintenance obligation will be terminated immediately in exchange for a small lump sum payment to the wife, which is promptly made by the husband. No written agreement is executed, nor is there any modification of the judgment of divorce. Years later, the wife commences an enforcement proceeding against the husband for all maintenance arrears to date.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.