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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Family Law
- event Date
Thursday, April 17, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

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.

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.
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?
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