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 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.
Outline
- Negotiating and drafting considerations
- Representing the financially stronger party/financially weaker party
- Strategies for protecting an agreement
- 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
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
Mr. Badanes has extensive experience in all matters related to divorce, child custody, child support, divorce mediation, orders of protection, distribution of marital assets, spousal maintenance (alimony), prenuptial agreements and criminal defense.
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Tiffany M. Bentley
Partner
Day Pitney
Ms. Bentley counsels high net worth individuals and families, as well as professional fiduciaries, through estate and... | Read More
Ms. Bentley counsels high net worth individuals and families, as well as professional fiduciaries, through estate and trust disputes, probate issues, and divorce and related matters. Her practice includes all aspects of fiduciary litigation and family law. As a probate and family court litigator, Ms. Bentley works to identify each client's best possible outcome and then charts the necessary path through discovery, settlement negotiations, and all the way to trial where necessary. On the trust and estate side, her practice includes contested probates, guardianships, and conservatorships; as well as postmortem challenges to the validity of trusts, deeds, beneficiary designations and lifetime transfers, and various challenges to the administration of estates and trusts. In the area of family law, Ms. Bentley assists clients through divorce and custody matters; prenuptial and postnuptial planning; and post-divorce contempt and modification actions.
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