Prenuptial Agreements for First, Subsequent and Later-In-Life Marriages

Negotiating and Crafting Agreements to Protect and Provide for Distribution of Assets

Recording of a 110-minute CLE webinar with Q&A

Conducted on Thursday, August 16, 2012
Recorded event now available

This CLE webinar will prepare family law attorneys to represent the interests of parties entering first, subsequent or later-in-life marriages, when negotiating and drafting premarital agreements.


Drafting prenuptial agreement provisions that will withstand subsequent court challenges is critical. Representing parties at different stages of life, including first or subsequent marriages or people in their golden years, will impact negotiation and drafting strategies.

Counsel must identify and analyze factors and legal implications to determine the type of agreement best suited for a client’s particular needs. Anticipating potential challenges and developing strategies to enhance the validity of the agreement is key.

Listen as our panel of family law attorneys discusses best practices for negotiating and drafting premarital agreements, with a focus on what should and can be included depending upon the client’s circumstances. The panel will identify considerations to factor into drafting the premarital agreement in anticipation of withstanding possible future challenges.


  1. Prenuptial agreements for first marriage
    1. Determining which assets remain separate and which will be marital
    2. Alimony terms and waivers
    3. Sunset provisions
    4. Protecting inheritances, trusts and family/closely-held business interests
    5. Allocating premarital debts including credit cards and student loans
    6. Arbitration clauses
  2. Prenuptial agreements for subsequent marriages
    1. Consideration of obligations to former spouse and minor or emancipated children
    2. Protecting assets for the benefit of children from prior relationship
    3. Determining title and contributions to marital residence/assets
    4. Estate planning and life insurance
    5. Valuation methods in event of divorce
    6. Full and fair financial disclosure
  3. Prenuptial agreements for later-in-life marriage
    1. Maintaining separate estates with planned contributions toward living expenses
    2. Consideration of client’s estate planning determinations
    3. Creating life estate in marital residence
    4. Beneficiary designations of existing assets
    5. Long-term care, insurances, longevity planning
    6. Choice of law provisions
    7. Challenging the validity of a prenuptial agreement


The panel will review these and other key questions:

  • What clauses should be included in a prenuptial agreement?
  • What are the key considerations when drafting premarital agreements for first time marriages, subsequent marriages, and later-in-life marriages?
  • What issues should be addressed in anticipation of standing up to future challenges to the agreement?


Julia Swain, Partner
Fox Rothschild, Philadelphia

She concentrates her practice in the areas of family law. She is Chair of the Family Law Section of the Philadelphia Bar Association. She is also a member of its Executive Committee and is CLE Coordinator. She is a frequent writer and speaker on family law issues.

Leonce A. Richard, Shareholder
Mariscal Weeks McIntyre & Friedlander, Phoenix

His practice focuses almost exclusively on complex family law/domestic relations matters of all types. He has over 20 years experience in handling appellate cases involving family law matters and also does extensive work negotiating and drafting premarital/prenuptial agreements. He served on various Arizona State and County Bar Committees concerning family law and lectures on family law topics.

Jeffrey A. Soilson, Partner
Sally & Fitch, Boston

He represents clients in a broad range of family law matters, including divorce, custody, child support, alimony, removal, paternity, contempt, modification, and drafting prenuptial and post-nuptial agreements. He is an author and frequent speaker on family law topics, including co-authoring, “Premarital Agreements” in Massachusetts Divorce Law Practice Manual.


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Family Law Advisory Board

Gunnar J. Gitlin


Gitlin Law Firm

Lynne Z. Gold-Bikin


Weber Gallagher Simpson Stapleton Fires & Newby

Randall M. Kessler

Founding Partner

Kessler & Solomiany

Paula G. Kirby

Paula G. Kirby

Christopher C. Melcher


Walzer & Melcher

Julia Swain


Fox Rothschild

Charles F. Vuotto, Jr.


Tonneman Vuotto Enis & White

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