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

Outline

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

Benefits

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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.