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Effective Remedies in Marital Settlement Agreements: Ensuring Meaningful Relief for the Non-Breaching Party

Cost-Effective Mechanisms to Prevent Defendants From Becoming Judgment-Proof

Recording of a 90-minute CLE video webinar with 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.

Conducted on Tuesday, September 13, 2022

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss the highly effective and efficient remedies to include in marital settlement agreements (MSAs) and pre- or post-nuptial agreements to encourage compliance and to ensure that the non-breaching party gets meaningful relief. The program will review state laws and discuss international enforcement.

Description

Being able to get the benefits conferred in an MSA is just as important as what divorcing parties agree to about the division of property, debts, custody, and visitation. Cost-efficient, practical, and effective remedies before the money is gone or the asset transferred requires planning and foresight.

Enforcement issues can arise early. Sometimes, after the parties have successfully negotiated terms, one spouse balks at signing the formal written agreement. If the parties are getting along, they can be tempted to leave some things--like strong remedies--to be finalized later.

Seeking contempt or contract remedies can be expensive and too late to save assets. Counsel needs to think about self-executing remedies and collateralization of the obligations. Where the spouse or their property is outside the U.S., attorneys must consider international conventions.

Listen as the experienced panel of divorce lawyers guides counsel through what to include in MSAs and pre- or post-nuptial agreements to encourage compliance and to ensure that the non-breaching party gets meaningful relief.

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Outline

  1. Limits of typical remedies
  2. Additional remedies
    1. Collateralizing terms of MSAs
    2. Third-party notification strategies, laws, tools
    3. Constructive trusts
    4. Fines
    5. Freezing accounts
    6. Liens on business or house
    7. Loss of driver's license, passport, or professional license
    8. Income garnishment
    9. Withholding tax refunds
  3. Cross-border enforcement
  4. Breaking an MSA

Benefits

The panel will discuss these and other important issues:

  • What can be done to preserve assets, property, and cash while disputes are resolved?
  • What can be done to preserve assets being administered by third parties who may not know of the divorce?
  • Can children sue to enforce MSAs?
  • What would make an agreement unconscionable?
  • How is an MSA enforced if property or parties are outside the U.S.?

Faculty

Burris, Kelly
Kelly L. Burris
Senior Litigation Partner
Cordell & Cordell

Ms. Burris has settled and litigated complex custody cases and property cases involving multi-million dollar estates....  |  Read More

Patton-Coffman, Marcie
Marcie Patton-Coffman
Senior Litigation Partner
Cordell & Cordell

Prior to joining Cordell & Cordell, Ms. Patton-Coffman worked at a general practice firm, where in addition to...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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