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

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.

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.