In answer to this question, the Court considered the law invoked regarding the applicability of negotiated agreements and the cases in which the Court of Justice could change the terms of those agreements. At the most fundamental level, the Court held that, as long as a “cohabitation clause” was voluntary, knowingly and consensually agreed upon, no court could change its terms and, for the parties, enter into an agreement different or better than the one they had originally planned to make. Adding a cohabitation clause to your divorce decree could avoid future financial problems or misunderstandings. This clause would clearly define what you both consider to be “cohabitation” and explicitly define the circumstances that would lead to the termination of maintenance payments. If tax legislation changes, it should be clear that an amendment may be necessary. An example clause is that moral clauses have been used for many years and are generally known to prohibit cohabitation or accommodation visits with the other sex until the parent participating in the activity is remarried. It is important to impose a positive obligation on an assisted spouse to inform the assisting spouse of remarriage, cohabitation or other significant change in circumstances. In addition, the payment of support should be terminated when the beneficiaries are remarried, whether it is unwelcome or not. The agreement may also provide that both parties have a positive obligation to inform the other party of a change in financial situation. Examples of clauses to follow: xii) Re-Pricing: in the ABC case, Corp. declares a revaluation of the exercise price of stock options or takes other adjustments to the options awarded to the woman in this contract, husband will be wife on adjustments or new prices within 15 days after learning of this event by phone and/or email husband will not be entitled to a new price that awards stock options for Wife, unless, and wife has given written instructions from husband to do so.
Once ABC, Corp. informs the husband of the possibility of re-renting such stock options, the husband will inform the wife of the opportunity and provide her with copies of all ABC, Corp. documents relating to her. Agreements reached by the parties and the arbitrator are reduced to a subsequent written agreement signed by the parties, their counsel and the arbitrator.