Negotiation Excersice

.docx

School

University Of Arizona *

*We aren’t endorsed by this school

Course

456

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by ChiefBook8121

Introduction to Family Law Professor Atwood Law 456/556 Negotiating a Separation Agreement Instructions THIS IS AN INDIVIDUAL ASSIGNMENT, NOT A GROUP ASSIGNMENT. YOU ARE PLAYING THE ROLE OF BOTH SPOUSES FOR THIS NEGOTIATION. For this exercise, you will negotiate a separation agreement (sometimes called a “divorce settlement” or “marital settlement” agreement) based on the Fact Pattern below. You need to resolve questions relating to property division, debt, and spousal maintenance. You will play the role of Hank’s lawyer, and will play the role of Wanda’s lawyer. Before negotiating, try to determine what the law would most likely provide on the facts. In other words, try to determine the default position under Arizona law. That default position, tilted as favorably toward your client’s situation as is reasonable, generally provides a starting point for negotiating. After you have an idea of what the law provides, then you can begin the negotiation. Wanda’s lawyer should first make an offer by email of the terms of an agreement that Wanda would sign. Then Hank’s lawyer can respond with a counter-offer containing terms that are favorable to Hank. Wanda’s lawyer can then respond to Hank’s offer, and so forth. Please continue this back-and-forth negotiation until you’ve reached an agreement that both sides are willing to sign. If no agreement is possible as to certain issues, identify those issues in your final submission. Keep in mind that failure to agree means you and your clients will face expensive, time-consuming, and emotionally- exhausting litigation.

Introduction to Family Law Professor Atwood Law 456/556 I suggest that you spend no more than 60 minutes in negotiation. Once you have settled on the terms of an agreement, enter the terms of the agreement on the attached form. If no agreement was reached as to particular issues, explain in writing the reasons. Fact Pattern Hank and Wanda were married in January 2013 in Flagstaff, Arizona, when each of them was 30 years old. At that time, Hank was working as a bartender, but he had just been accepted into the James E. Rogers College of Law in Tucson. Wanda worked as a rock-climbing instructor during the summer and a ski-instructor during the winter. Right after the wedding, Wanda’s parents presented the couple with a big SUV so that Wanda could safely drive through country terrain. Only Wanda’s name is on the car title. Hank remembers Wanda’s parents saying to him, “We wanted to give you something useful in celebration of your wedding.” Hank and Wanda moved to Tucson in August 2013, and Wanda got a job as a fitness instructor in a local fitness club. From 2013 through 2016, her average annual earnings were $30,000. Wanda paid all of the couple’s living expenses during this period. Hank took out student loans to pay for his tuition and books. At the beginning of their relatively short marriage, Hank and Wanda were quite happy. Wanda gladly supported the two of them, since she believed in Hank’s intellectual abilities and was confident that he would be a very successful lawyer. Hank worked very hard in law school, keeping long hours and studying with a ferocious desire to succeed. During the three years that it took Hank to complete the J.D., the couple lived on Wanda’s income and were able to save only a few thousand dollars – which they kept in their joint bank account.

Introduction to Family Law Professor Atwood Law 456/556 While Hank was in law school, he inherited $300,000 from a great aunt and used the money to buy a condominium which he paid for in full. Feeling very committed to Wanda at that time, he titled the condo in both of their names as joint tenants. By the time of Hank’s third year in law school, the honeymoon was definitely over. The couple fought a fair amount, and Hank began a sexual relationship with one of his law school classmates. When Wanda discovered this infidelity, she was angry and hurt. Wanda moved out of the condominium in January 2016. She rented a modest apartment and began to subscribe to on-line dating services. Hank did quite well in law school and ranked near the top of his class. In the spring of 2016 he accepted a job as an associate at a major New York law firm, to begin in August, with a starting salary of $165,000. When Wanda heard about Hank’s job offer, she used the couple’s credit card to buy $10,000 worth of high-end furniture. She also had elective cosmetic surgery that same month at a cost of $25,000. Wanda did not consult Hank before the surgery. Hank filed for divorce in June 2016. The parties’ known assets and their fair market value at the time that Wanda was served with the petition consisted of the following: SUV, titled in Wanda’s name 20,000 Condominium, title in joint tenancy 350,000 Joint bank account 5,000 Household effects, computers, etc. 5,000

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help