Commercial Law & Contracts, Family Law

How Your Company Can Benefit From an Asset Search

by Edward Amaral on 5/14/2013

How Your Business or Company Can Benefit From an Asset Search It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more

12 Things You Should Know About Private Adoptions In Utah

by Kirton McConkie PC on 5/2/2013

12 THINGS YOU SHOULD CONSIDER IN PRIVATE/INDEPENDENT UTAH ADOPTIONS: 1. Finding a birth mother: Paid facilitators are illegal in Utah. Only licensed agencies may be paid for matching services under Utah law. Even...more

What You Can Do with a Prenuptial Agreement

by Boyer, Dawson & St. Pierre on 4/16/2013

While the words prenuptial agreement can kill that pre-marriage romance, a prenup is smart financial planning. It is perhaps better thought of as a safety belt — when you ride in a car you don’t expect to get into an...more

Asset Searches and the Collection of Debt

by Edward Amaral on 4/12/2013

It has become increasingly important for both businesses and individuals to receive payments that are due to them. Debtors are often delinquent in paying for goods, services or other financial obligations. When a debtor...more

Cohabitation Agreements

by Law Offices of Marlo Van Oorschot, APLC on 4/8/2013

This past Sunday, the Los Angeles Times reported that a new study from the Centers for Disease Control and Prevention, based on the CDC’s National Survey of Family Growth, found that almost 50% of unmarried women are living...more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

by Sedgwick LLP on 3/25/2013

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

How to Invalidate a Florida Prenup

by The Law Firm for Family Law on 3/22/2013

A prenuptial agreement, or prenup, is contract between prospective spouses outlining the terms of a subsequent divorce settlement. Prenups usually involve the division of assets and spousal support. They cannot, however,...more

Did New York Appeals Court Kill the Prenup?

by Aaron Kase | Lawyers.com on 3/18/2013

The prenuptial agreement between a wealthy real estate magnate and his wife is no good, the Brooklyn Appellate Court ruled recently, tearing up the contract and allowing the couple’s divorce to proceed as if it had never been...more

If You Want Palimony, Get It in Writing

by Michele Bowman | Lawyers.com on 2/28/2013

A recent case in New Jersey could make it more difficult to bring palimony cases, according to lawyers involved in its appeal. In Maeker v. Ross, the state’s Appellate Division said palimony agreements must be in writing at...more

Avoid Legal Pitfalls on Your Valentine’s Day Engagement

by Aaron Kase | Lawyers.com on 2/14/2013

Valentine’s Day can mean chocolate, flowers . . . and an engagement ring? Couples whose cupid-day festivities include bending down on one knee have every reason to celebrate with smooches and champagne, but nevertheless...more

Putting Fault Back into Divorce, the Modern Anti-Cheating Clause

by Michele Corvi | McManis Faulkner on 2/5/2013

As reported in the news, Tiger Woods and Elin Nordegren might be reconciling. In 2009, the relationship made headlines when the National Enquirer reported that Tiger was cheating. Two days later, the police were called to...more

Share Of Appreciation Not Granted In Prenuptial Agreement

by Charles (Chuck) Rubin on 1/28/2013

A recent Florida appellate court decision provides a drafting lesson in prenuptial agreements - if a spouse is to receive an interest in appreciation in an asset, the agreement should be specific on that....more

China Senior Housing and Care Newsletter--in-home care edition

by Qin Qu on 1/27/2013

One segment of the senior care market will face more competition, although according to the national “9073” strategy, it may cover potentially 90% of the Chinese seniors. You know what I’ m talking about—yes—it’s in-home care...more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

by Tara C. Narayanan | Miller Starr Regalia on 1/23/2013

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Illinois Supreme Court Will Hear Five Civil Cases During January Term

by Kirk Jenkins | Sedgwick LLP on 1/5/2013

The Illinois Supreme Court has posted its docket for the impending January term, and the Court will hear argument in five civil cases. ...more

MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013

by Paul Frankel, Hollis L. Hyans, Kara M. Kraman, Amy F. Nogid, Irwin M. Slomka | Morrison & Foerster LLP on 1/4/2013

In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more

Marriage Does Not Alter Or Nullify Terms Of Previous Domestic Partnership Agreement Between Couple

by Linda M. Monje | Kronick, Moskovitz, Tiedemann & Girard on 12/28/2012

In Estate of Wilson ( --- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal considered whether the marriage of a same-sex couple, during the period when same-sex marriages were allowed in...more

Is a Buy-Sell Agreement Controlling in a Divorce?

by Law Offices of Marlo Van Oorschot, APLC on 12/18/2012

In divorces, a business is often an asset of the marriage. One spouse typically is the “operating spouse” and he or she is in partnership with another person or persons. Assuming the spouse’s interest in the business has a...more

How To Broach The Subject Of A Pre-Nup

by The Byrd Law Firm, P.A. on 12/11/2012

Buying auto insurance does not mean you plan to be in an accident. Installing a smoke alarm in your house does not mean you expect it to burn down. Getting an annual check-up does not mean you are convinced that cancer is...more

Insight on Estate Planning - Year End 2012

by Adler Pollock & Sheehan P.C. on 12/6/2012

In This Issue: - The spousal lifetime access trust: A safety net in uncertain times - Be prepared for a triggering event: If you own interests in a closely held business, consider a buy-sell agreement - Is your...more

Considering Surrogacy? Some Helpful Practical and Legal Tips

by Ian Scott | Scott Legal Services, P.C. on 11/13/2012

What Does Surrogacy Involve? Surrogacy is a complex, emotional and costly journey but well worth the end result. The process is a confusing one and the exact steps really depend on what your particular situation is. ...more

Challenging a Prenuptial Agreement During Your Divorce

by Bryan L. Salamone and Associates P.C. on 11/13/2012

You were sincere when you said, “till death do us part,” so the prenuptial agreement you were asked to sign may have felt more like a formality than a legal contract. Now that you are divorcing, you may realize that you...more

Appellate Division Review: Fine-Tuning the Law in Business, Family, Government

by Pillsbury Winthrop Shaw Pittman LLP on 11/6/2012

Originally published in The New York Law Journal, October 19, 2012. “I wear my reversals like badges of honor,” a trial judge once remarked when discussing his (largely positive) record on appeal. Based on our review of...more

Cohabitation Agreements Protect Relationships

by Lawyers.com on 11/5/2012

More and more couples are living together without being married. There was a 13 percent increase in such arrangements between 2009 and 2010 alone. At the same time, only 51 percent of all adults are getting married. This is a...more

CFPB Proposes Making it Easier for Stay-at-Home Spouses and Partners to Get Credit Cards

by Katten Muchin Rosenman LLP on 10/25/2012

On October 17, the Consumer Financial Protection Bureau (CFPB or Bureau) proposed updates to existing regulations to make it easier for spouses or partners who do not work outside of the home to qualify for credit cards. The...more

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Commercial Law & Contracts › Family Law