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Oakland County Law Blog

3 things that cannot go in a prenup

Prenuptial agreements have been around for a while. However, there has been a drastic increase in the number of engaged couples seeking them out in recent years. Millennials appear to be more conscious of the possibility of divorce, and they have driven the surge of prenups. 

Prenups are incredibly useful, but there are limitations. While no one wants to think of divorce before marriage, it is vital to remain aware of the risks. People can be ready just in case, and that includes knowing what items cannot go into a prenup. 

Grandparents' Rights: Plowing The Road To Grandma's House

As we enter the holiday season, it's not uncommon to be reminded of the lyrics of a timeless children's song

"Over the river and through the woods, 
To Grandfather's house we go; 
The horse knows the way to carry the sleigh,
Thru the white and drifted snow, oh!"

Unfortunately, situations such as a contentious divorce can throw up roadblocks on that well-worn path. 

LGBT families three years after same-sex marriage legalized

Three years ago, the Supreme Court ruled that same-sex couples could marry and the government recognize the union. The ruling was groundbreaking and brought about a sweeping change in the marital laws and the recognition of LGBT marriage.

One thing that LGBT couples began to think about was having children. Before the 2015 ruling, same-sex couples cohabitated with children; however, they did not both have equal rights to the children should they separate. In those situations, one person was the legal mother or father. That person, through birth or adoption records, got sole custody when the couples broke up.

Business Ownership & Prenups: A Perfect Marriage

A recent study by the American Academy of Matrimonial Lawyers revealed that divorce attorneys have noticed a significant uptick in prenuptial agreements in recent years.

Once thought to be only a problem of the rich and famous, prenuptial and postnuptial agreements are more common than ever. Such agreements should not only be more popular, but a prerequisite for business owners that plan to tie the knot.

Success tips for running a family business

The saying goes, "The family that prays together, stays together." But what about families that work together? Some have been able to build successful enterprises that last for generations, whereas others fall apart from problem after problem.

You can cut out a lot of drama and increase your chances of cooperation and success by avoiding common mistakes that many family-owned and -operated businesses make. Follow these tips to keep your family and company together.

What is a breach of contract?

As a small business owner in the Detroit metro area, you will need to work with many different parties to help establish your company. When working with vendors, it is essential to have an iron-clad contract to prevent costly delays and disputes. Whether procuring goods or services from vendors or rending services and products, you need a legal agreement/contract in place to outline the exact expectations of each party and how to handle any business disputes or issues that arise when you or one of your vendors cannot uphold your end of the deal. 

Breaches happen all the time in the business world. No matter the cause for dispute, it is essential for you to learn about the diverse ways contract breaches can occur, so you can take the proper steps to resolve them and possibly avoid litigation. A contract breach can happen in four ways: material, immaterial (minor), actuarial and anticipatory. The most common types of business contract disputes involve material and minor breaches. 

Business formation types that limit personal liability

When you legally establish your own small business, the type of business structure you ultimately choose will affect everything from how you govern your company to how you file your taxes. In other words, it is an important, impactful decision, and the more you understand about the process and the different business formation types that exist, the better your chances at selecting the best option for your unique needs.

Regardless of the type of company you are looking to establish, you will find that there are certain areas that potentially expose you to liability. For example, if you operate, say, a taxi company, you face obvious liabilities relating to transportation; while if you operate, say, a cookie company, you run the risk of someone suing you if they get seriously sick after consuming your product. In other words, all businesses have their own risks, but there are two types of business structures that can help protect you in the event that someone sues or files a judgment against you.

What every employee should know about mandatory overtime

Working overtime can be bittersweet. On one hand, the extra money can be nice, but on the other hand, you probably want to go home and do other things with your time. Sometimes you do not have a choice, though, and your employer tells you that you have to work over 40 hours that week. You may be wondering about the legality of this situation, and rightfully so. There are a few things you should know.

The following are three important considerations to remember when your employer is telling you that you have to work overtime. If you suspect that your employer is acting in violation of state or federal employment laws, you should document the situation and seek recourse. 

How to handle a wage dispute with a boss first

Wage disputes are sadly quite common. One report from the Economic Policy Institute found that employers around the United States steal billions from their employees' paychecks each year. 

When employees end up in the middle of a wage dispute, they have many options that they can pursue. While they can certainly retain the services of an employment law attorney, it may work out to bring up the issue with the boss first. Payroll errors happen all the time, and if you lost overtime pay or another form of compensation, then you should first bring it to the attention of your employer. 

What is the most common clause in a prenuptial?

If you are getting married soon, a prenuptial agreement may be on your mind. Perhaps you have independently owned assets you do not want to put at risk, this would be your second marriage or you own a business. Virtually any reason you want for having a prenuptial is valid.

It is normal, though, to be unsure where to start. So, it helps to know the most common clause that tends to be in prenuptial agreements.

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