Virginia Beach Divorce Law Attorney, Virginia Divorce

RESTRICTIVE COVENANT - a restrictive covenant is a term in a contract which prevents someone from doing something during and often for a period following the termination of a contract, for example, working for a competitor. The court will always look at the reasonableness of such a term when asked to enforce it and at the respective bargaining strengths of the parties at the time at which it was entered into.

ROYALTY - a payment made in return for being permitted to exercise a right owned by another person. Most commonly it is allied to the payment made by a publisher or record producer to the author of a book or performer of a piece of music, but it can apply equally to a payment made for producing something by a patented process.

SALE OR RETURN - if goods are purchased on sale or return it means that if the person purchasing them is unable to sell them on to a third party they may be returned to the producer without needing to be paid for. Normally certain conditions apply to a sale or return dealing with the state of the goods when returned and the time by which the return must take place. The law regards the goods as being owned by the producer until the sale takes place when the title in them passes to the purchaser. The intermediary then becomes liable to pay to the producer the agreed price.

SECURITY - a security is a guarantee given in exchange for the payment of a sum of money.

SEPARATE - In Ontario, there is no such thing as a legal separation. Rather, a separation occurs when one spouse forms an intention to live "separate and apart" and acts on this.

SEPARATION - see "limited divorce."

SEPARATION AGREEMENT - A separation agreement is a contract between two people that is intended to resolve all (or almost all) of the issues outstanding between them as a result of the breakdown of their relationship. A typical separation agreement is arrived at after negotiations between both parties or their lawyers. The agreement typically covers issues such as the division of assets, custody and access, child support and spousal support.

SERVICE - providing a copy of the papers being filed to the other side.

SERVICE - "Service" is the word lawyers use to describe the delivery of a legal document. An application must be served by "personal service," meaning that it must be physically handed to the person. This is normally done by a person known as a "process server." Otherwise, generally, documents are served by fax and courier nowadays.

SETTLEMENT CONFERENCE - A settlement conference is a meeting where the parties to a divorce (and their lawyers) meet in private with a judge to explore ways to settle the issues without going to trial. It is an important step in a divorce case, as if a case is not resolved at this stage, it normally goes on to trial, which is a costly process. If your case does not settle at the settlement conference, normally the presiding judge gives his or her opinion as to how he would decide the case at trial. The weight of this opinion often spurs a settlement soon after the settlement conference.

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