Emiko Takahashi and Sam Armistead agree as follows:

1. That they will jointly acquire and own a sound system, including a tuner, amplifier and compact disc player (called "the system"), for approximately $1,400;

2. That should they separate and both want the system, they'll agree on the fair current value of the system and then flip a coin, with the winner becoming sole owner of the system after paying the loser one-half of the agreed-upon price;

3. That if on separation neither person wants the system, or if they can't agree on a fair price, they shall advertise it to the public, sell it to the highest bidder and divide the money equally;

4. That should either person die while they are living together, the system shall belong absolutely to the survivor. If either Emiko or Sam makes a will or other estate plan, this provision shall be reflected in that document;

5. That this agreement can be amended, but only in writing, and signed by both Sam and Emiko.

6. That if a court finds any portion of this contract to be illegal or otherwise unenforceable, the remainder of the contract is still in full force and effect.

7. Any dispute arising out of this agreement shall be mediated by a third person mutually acceptable to both of us. The mediator's role shall be to help us arrive at a solution, not to impose one on us. If good faith efforts to arrive at our own solution with the help of a mediator prove to be fruitless, either of us may make a written request to the other that the dispute be arbitrated.

Date Emiko Takahashi

Date Sam Armistead

27

Comments:

fixer-upper house - дом, требующий ремонта

bottom line - основной момент, суть

Exercise 7. Find in the text English equivalents of the following phrases:

отвечать по долгам

принять на себя ответственность

общий банковский счет

взыскать долг

сожитель(-ница)

оставшийся в живых наследник

составить завещание

доверительная собственность, вступающая в силу при жизни ее учредителя

соглашение о совместном владении

разлучаться, расстаться

лицо, предложившее высшую цену

в письменном виде

не снабженный исковой силой; не могущий быть осуществленным

действующий (о законе, документе, договоре) - 1

действующий - 2

выступать в качестве посредника

посредник, примиритель

третье лицо, третья сторона

добросовестные усилия

решать спор в арбитражном порядке

Exercise 8. Answer the following questions:

1. In which arrangement (marriage or living together) are spouses liable for each others' debts?

2. If one of the domestic partners dies, how can the survivor inherit the property of the deceased partner?

3. What rights do domestic partners in Russia have?

Exercise 9. Match English and Russian equivalents.

1. absolute divorce	a. развод при согласии на него со стороны ответчика
2. action for divorce	b. развод при возражении против него со стороны ответчика
3. bill of divorce	c. бракоразводный процесс
4. deconsecration of divorce	d. развод по доверенности
5. defended divorce	e. судебное решение о разводе
6. undefended divorce	f. расторжение брака по суду; полный развод
7. divorce by proxy	g. судебное решение о расторжении брака
8. divorce decree	h. иск о разводе
9. divorce suit	i. свидетельство о разводе (выданное судом)

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Premarital agreements

What is the difference between a living together agreement and a premarital agreement?

Couples who want to live together but have no intention of getting married benefit from signing a living together agreement. It creates a framework for non-married couples to handle money and property issues while they live together and if they should separate. On the other hand, a couple about to be married may make an agreement concerning certain aspects of their relationship after they marry. This agreement might cover their responsibilities and property rights during marriage-for example, how the mortgage will be paid and who will stay home to take care of the kids. But more likely, it will determine how property will be divided and whether alimony will be paid in the event the couple later divorces. These agreements are also called antenuptial or prenuptial agreements.

Are premarital agreements legal?

Courts usually uphold premarital agreements unless one person shows that the

agreement is likely to promote divorce (for example, by providing for a large alimony

amount in the event of divorce), was written and signed with the intention of divorcing,

or was created unfairly (for example, one spouse giving up all of the rights in his future

earnings without the advice of an attorney).

But courts won't uphold agreements of a non-monetary nature. For example, you can't

sue your spouse for failure to take out the garbage, even if your premarital agreement

says that he or she must do so every Tuesday night.

Should my fiance and I make a premarital agreement?

Whether you should make a premarital agreement depends on your circumstances and

on the two of you as individuals. Some couples choose to make a premarital agreement

as a way of clarifying their intentions and expectations, as well as their rights should

they later split up.

On the other hand, some couples make premarital agreements to circumvent what a

court might decide in the event of a divorce. Often this happens when one partner has

property that he or she wishes to keep if the marriage ends—for example, a considerable

income or a family business. Perhaps most frequently, premarital agreements are made

by individuals who have children or grandchildren from prior marriages. In this case, a

partner may use a premarital agreement to ensure that the bulk of his or her property

passes to the children or grandchildren, rather than the current spouse.

Are there rules about what can or cannot be included in a premarital agreement?

A law called the Uniform Pre-Marital Agreement Act provides legal guidelines for

people who wish to make agreements prior to marriage regarding ownership,

management and control of property; property disposition on separation, divorce and

death; alimony; wills; and life insurance beneficiaries.

States that haven't adopted the Act (or that have made some changes to it) have other

laws, which often differ from the Act in only minor ways. One important difference is

that a few states, including California, do not allow premarital agreements to modify or

eliminate the right of a spouse to receive court-ordered alimony at divorce. Other states

have their own quirky laws—Maine, for example, voids all premarital agreements one

and a half years after the parties to the contract become parents, unless the agreement is

renewed.

In every state, whether covered by the Act or not, couples are prohibited from making

binding provisions about child support payments.

29

Exercise 10. Find in the text English equivalents of the following phrases:

брачный договор - 1

брачный договор - 2

брачный договор - 3

поддерживать договор

лишать договор юридической силы

алименты, содержание

получать алименты

алименты по решению суда

жених, невеста

дети от предыдущего брака

распоряжение собственностью

бенефициарий, выгодоприобретатель

участники контракта

денежное содержание детей

Exercise 11. Answer the following questions:

1. What is the main purpose of premarital agreements?

2. Are premarital agreements legal in Russia?

Exercise 12. Match English and Russian equivalents.

1. hereditary succession	a. продажа наследственного имущества с торгов
2. natural succession	b. наследование по завещанию
3. order of succession	c. налог на наследуемую недвижимость
4. succession tax	d. правопреемство между физическими лицами
5. succession in title	e. открывшееся наследство; невостребованное наследство
6. succession law	f. правопреемство в силу наследования
7. succession sale	g. правопреемство
8. estamentary succession	h. наследственное право
9. vacant succession	e. очередность наследования

Offer words/phrases corresponding to the following definitions:

one who relies on another especially for financial support -

the right of a spouse to the company of, help of, affection of, and sexual relations with

his or her mate -

of or relating to marriage -

the right of a person who survives a partner or joint owner to the entire ownership of

something that was previously owned jointly -

to receive (property) from an ancestor by legal succession or will -

a legal title to property held by one party for the benefit of another; the property so held -

the whole of one's possessions, especially all the property and debts left by one at death -

to part (a couple), often by decree –

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GIVE THEM LEGAL ADVICE: There are people who find themselves in difficult situations and seek legal help. Read these real-life stories, coming from E-net chat rooms, and give your advice based on your knowledge of either the US or Russian law. In the latter case begin your answer with "If this happened in Russia, I would say..."

1) My friends¹ want to get married.

I have some friends, who are gay, who want to get married to each other but they don't know if they can get married in New York or not... I am not sure of which state recognizes gay marriages... If some one would help me so I can help my friends...