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Drafting Premarital and Postmarital Agreements: Choice of Law, Forum Selection, State Laws, and Planning

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, April 17, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, March 21, 2025

or call 1-800-926-7926

This CLE course will provide best practices to family law practitioners to negotiate and draft premarital and postmarital agreements. The panel will discuss the differences between a premarital and postmarital agreement, the nuances of negotiation, the structure of the agreement, key clauses, choice of law and forum clauses, similarities and differences between states, estate planning issues, and the Uniform Premarital and Marital Agreements Act.

Description

Crafting enforceable premarital and postmarital agreement provisions and representing parties entering into these agreements requires technical expertise and understanding of human nature. A critical first step in the process is to identify and analyze factors and legal implications in order to best meet a client's needs. During negotiations, counsel must also be mindful of engaging in discussions with an eye to preserving the relationship between the parties and taking as much pressure off of the parties as possible.

Clients often request provisions linking compensation to conduct or certain behaviors, and counsel must know how to respond. Counsel must educate their clients that agreements cannot protect everything.

Listen as our panel of family law attorneys discusses the differences between a premarital and postmarital agreement, the nuances of negotiation, how to structure the agreement, key clauses, choice of law and forum clauses, similarities and differences between states, estate planning issues, and the Uniform Premarital and Marital Agreements Act.

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Outline

  1. Negotiating and drafting considerations
  2. Representing the financially stronger party/financially weaker party
  3. Strategies for protecting an agreement
  4. Enforcing the agreement

Benefits

The panel will review these and other key issues:

  • What are negotiation and drafting strategies to consider when representing parties of disparate financial resources?
  • What are clauses to include in a prenuptial or postnuptial agreement?
  • What are the key estate planning issues in drafting agreements?
  • Can agreements regulate behavior or permit illegal conduct?

Faculty

Badanes, David
David P. Badanes, Esq.

Attorney
Badanes Law Office

Mr. Badanes has extensive experience in all matters related to divorce, child custody, child support, divorce...  |  Read More

Bentley, Tiffany
Tiffany M. Bentley

Partner
Day Pitney

Ms. Bentley has spent her entire legal career with the Private Client Group at Burns & Levinson, primarily focused...  |  Read More

Attend on April 17

Early Discount (through 03/21/25)

Cannot Attend April 17?

Early Discount (through 03/21/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video