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Marshal Willick and Jennifer Abrams, “Trends in Marital Agreements.”

On Behalf of | Nov 7, 2016 | Our Blog

Annual State Bar of Nevada Advanced Family Law Program

December 1, 2016

8:45 a.m. – 4:45 p.m.

7.0 CLE credits, including .5 ethics credit

State Bar of Nevada Office

3100 W. Charleston Blvd.

Las Vegas, Nevada 89101

This presentation will provide a survey of all  three types of marital agreements:  Premarital Agreements; Post-Nuptial Agreements; and Separation Agreements.

For premarital agreements, the discussion will begin with the imminent debate on the UPMAA, which is intended to replace the UPAA, with notes on the most controversial provisions.  What can and cannot be included in prenuptial agreements under current law will be reviewed, along with trends in enforcement in modern Nevada cases.

Regarding postnuptial agreement, the discussion will focus on the prospective statutory amendment, and what can and cannot be included under current law, along with  recent case authority.  This section will focus on defective post-nups that are really hidden separation agreements.

As for separation agreements, the primary focus will be on when they survive and when they perish.  Discussions will include how and why they don’t always survive the Decree of Divorce as independent contracts, and avoidance of malpractice.  This section will address the history, property terms, alimony modifiability (addressing Grossman, and “Alimony at Twilight” considerations), child support after Fernandez, and some tactical considerations regarding choice of forum.

 

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