Divorce Lawyer In Virginia,

FORCE MAJEURE - if an event occurs which is outside of the control of the parties to an agreement, for example, then it is said to be a force majeure. Often it is used in contracts and allows one party not to be in breach of the contract if an event beyond the control of either party occurs - for example a storm at sea which prevents goods from being delivered by ship.

FRANCHISE - franchises have become very popular over the past few years with the rapid growth of chain stores and restaurants. In essence a franchise is a license or right to use a brand, style, name or method of doing business or producing a product which is owned by another person. In return for a payment the franchisee is granted a franchise by the franchiser who retains the rights to whatever is the subject of the franchise and can even lay down strict rules as to how the franchise is exercised - for example how a logo will be displayed or how the inside of a shop will look.

FREEHOLD - an absolute right to land is known as a freehold interest in the land - that is to say no one has a better right to the land in question. It is often known as a right in fee simple.

GARNISHEE ORDER - when judgment is obtained against a debtor, the creditor does not always automatically get that which is owed to him or her. Sometimes the court has to make an order defining how payment will in reality be made. One such order is a garnishee order which instructs a third party who owes money to the debtor to pay that money direct to the first creditor.

GARNISHMENT - Often, child support and spousal support payments are collected by wage garnishment. This means that from each paycheque you receive, your employer deducts a certain amount and sends it to the provincial support enforcement agency.

GIFTS - A "gift" is a voluntary transfer of property from one person to another without expectation of payment or reward. Gifts from third parties (that is, gifts from people other than your spouse) are not considered in the division of property on separation, provided that the gift can be traced to an existing asset. One issue that often arises in a divorce is whether money received from a relative was a gift or a loan.

GOOD CAUSE - a custodial parent receiving public assistance or Medicaid can claim good cause not to have child support established if the parent can verify that cooperating with the Office of Child Support is not in the best interest of the child (for example, if there is risk of physical or emotional harm to the parent or child).

GOODWILL - rarely is such a high value placed on something which is so difficult to describe as occurs with the sale of goodwill. There are several different descriptions of goodwill but the most common is the value of the reputation which a business has gained through the act of trading. Thus, if you bought a store that had been trading for several years then it would have regular customers who would be likely to continue to use the shop even though its ownership had changed, whereas if you set up a new store you would need to attract customers away from existing stores to you. The method by which it is valued is complicated in the extreme - not surprising considering the abstract nature of the thing which is being valued.

GROUNDS FOR DIVORCE - the legal basis for a divorce; the law sets out specific reasons for a divorce which have to be proven before the court can grant a divorce.

GUARANTEE - a guarantee is essentially a promise by one person to another that something either will or will not happen. A guarantee for a debt, for example, is a promise by one person (the guarantor) that if a party to a contract defaults in some way then the guarantor will for example pay a sum of money to the other party to the contract. The most common form of guarantee, however, is that given by the producer of goods, that those goods will continue to perform the function for which they were purchased for a certain period of time, failing which they will be replaced or the purchaser's money refunded.

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