Drafting & Litigating Prenups & Postnups (Recorded)

How you can choose the playing field

Negotiating and drafting agreements play a significant role in any domestic relations practice. Family Court practitioners are often tasked with the significant undertaking of drafting pre-nuptial and post-nuptial agreements for their clients. In many instances, the existence of a pre-nuptial or post-nuptial agreement dictates the litigation and ultimate resolution of a divorce case.

The art of skillfully negotiating a pre-nuptial or post-nuptial agreement for a client involves not only thorough knowledge of the law, but also a strong attorney-client relationship and an amicable relationship with the opposing counsel. The seminar begins with an overview of pre-nuptial and post-nuptial agreements, the tax considerations involved in drafting pre-nuptial and post nuptial agreements, and factors to consider in addressing future inheritance and interests in trust.

The faculty then discuss what considerations an attorney should undertake when drafting pre-nuptial and post-nuptial agreements for their clients. What documents must an attorney have a thorough command of prior to entering into a negotiation for an agreement? What are the tax considerations to be aware of as one negotiates these agreements? How can an attorney prepare a client for the inevitable compromise(s) required to reach an agreement? What dynamics occur when clients are present (either virtually or in person) in real time as a negotiation unfolds? What must an attorney consider when faced with the prospect of litigating a pre-nuptial or post-nuptial agreement in a divorce proceeding? What is the most important case law to know with respect to pre-nuptial and post-nuptial agreements? This program is a must-attend for attorneys who practice in domestic relations law in either a collaborative law or litigation setting.