Product Description

From drafting a Prenuptial Agreement in contemplation of marriage to Separation Agreements in divorce cases, through attempts to modify or invalidate existing agreements, these documents provide a unique set of pitfalls for the unwary practitioner and opportunities for the savvy practitioner. This program reviews the required and recommended elements of prenuptial and separation agreements and explores the avenues to challenge and defend those agreements for the benefit of your clients. 

It is essential to keep pace with the changing legal landscape in which marital agreements are negotiated, drafted, executed, validated, and enforced (or not). Don’t be caught using outdated boilerplate agreements that still use language that isn’t consistent with the Uniform Probate Code changes, the Alimony Reform Act, and the new Child Support Guidelines! Hear from practitioners actively involved in drafting agreements and practitioners involved in mediation, collaborative law and amicably resolving litigation cases involving these agreements. Plus a respected Probate and Family Court judge provides insight from the other side of the bench. Don’t miss your opportunity to hear from this expert panel!

Agenda & Materials

• 2:00-2:10 P.M

  Welcome and Introduction

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  Debra L. Smith, Esq., , Watertown
  
• 2:10-2:30 P.M.

  Basics-Prenuptial Agreements

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  Debra L. Smith, Esq., , Watertown
  
• 2:30-2:50 P.M.

  Prenuptial Agreements Checklist and Practice Tips

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  Debra L. Smith, Esq., , Watertown
  Jonathan E. Fields, Esq., Fields and Dennis LLP , Wellesley
  Hon. Susan Lynne Jacobs, Dukes County Probate & Family Court , Edgartown
  
• 2:50-3:05 P.M.

  Separation Agreements Checklist

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  Debra L. Smith, Esq., , Watertown
  Jonathan E. Fields, Esq., Fields and Dennis LLP , Wellesley
  Hon. Susan Lynne Jacobs, Dukes County Probate & Family Court , Edgartown
  
• 3:05-3:25 P.M.

  Suggested Language to Update Your Boilerplate When Drafting Prenuptial and Separation Agreements

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  Debra L. Smith, Esq., , Watertown
  
• 3:25-3:40 P.M.

  Networking and Refreshment Break
• 3:40-4:10 P.M.

  Drafting both Prenuptial and Separation Agreements in Light of New Tax Law

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  Jonathan E. Fields, Esq., Fields and Dennis LLP , Wellesley
  
• 4:10-4:40 P.M.

  Procedural and Substantive Challenges to Marital Agreements

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• the Better and the Worse,
  
• QDRO language,
  
• Unbalanced agreement,
  
• Alimony waivers,
  
• Emancipation Language that doesn’t tract the statute-M.G.L. Chapter 208, Section 28,
  
• College Tuition-Need deviation forms,
  
• Passport-Add to Separation Agreement,
  
• Check for legal names for court documents and
  
• Other Misc.