Key Issues in Preparing, Enforcing and Setting Aside Premarital Agreements: Navigating Pitfalls and Crafting Solutions
PRACTICE OF LAW LIMITED SOLELY TO MATRIMONIAL MATTERS
Kelly L. Burris is licensed in Texas and Oklahoma. Ms. Burris is Board Certified in Family Law by the Texas Board of Legal Specialization.
On-Demand: June 17, 2024
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Program Summary
Session I - Key Issues in Preparing, Enforcing and Setting Aside Premarital Agreements – Cary Cheifetz
We live in a society where the children and grandchildren of divorced couples are now getting married. Many of these newlyweds come to the marriage with premarital assets and liabilities or gifted/inherited wealth. Others expect a significant inheritance. How can clients be protected by the consequences of divorce and to what extent can a prenuptial agreement be in play.
Key topics to be discussed:
- Steps to negotiate and prepare valid prenuptial agreements
- Key concepts
- Key provisions to consider
- Strategies to set aside a prenuptial agreement
Session II - Mastering Marital Agreements: Navigating Pitfalls and Crafting Solutions – Kelly Burris
While some couples may anticipate all possibilities in a marriage and enter into a premarital agreement, others may not and will only decide to protect assets after marriage or in anticipation of divorce if the marriage is on the rocks. There is a finesse to handling marital agreement cases and most attorneys will come at these types of cases with the same adversarial mindset as divorce litigation. Not only is this a mistake, but it can lead to other common problems and dangers. In this portion of the course, we will discuss the different types of marital agreements as well as pitfalls and common errors in drafting any kind of marital agreement. We will discuss the process of representing a client in a case of this nature, the scope of the agreement and considerations for drafting.
Key topics to be discussed:
- What are the various types of marital agreements and what is the most appropriate type of agreement in each case
- Considerations, Procedure and Practice Tips when drafting a marital agreement
- Transaction Pitfalls and Dangers
This course is co-sponsored with myLawCLE.
Closed-captioning available
Speakers
Cary Cheifetz | Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C.
PRE-LEGAL EDUCATION
George Washington University
B.A., 1976
LEGAL EDUCATION
New York Law School
J.D., 1979
PRACTICE OF LAW LIMITED SOLELY TO MATRIMONIAL MATTERS
ACTIVITIES
- Ranked (Band 1) by Chambers, Guide to Family Lawyers: High Net Worth Individuals (present)
- Diplomate, American College of Family Trial Lawyers (2012-present)
- Past-President, American Academy of Matrimonial Lawyers (New Jersey Chapter) (President 2013 – 2014)
- Past Chair, New Jersey State Bar Association Family Law Executive Committee (2001 – 2002)
- Secretary (National), American Academy of Matrimonial Lawyers Foundation (present)
- Chair, Membership Committee, Matrimonial Lawyer’s Alliance (present)
- Former Chair, American Academy of Matrimonial Lawyers National Test Committee (2016-2018)
- Former Adjunct Professor of Law, Seton Hall University Law School. (1995 – 2007)
- Past President of the Essex County Bar Association (2001-2002)
- Recipient of the 2016 Gerald B. O’Connor Award by the New Jersey Association for Justice for recognition of excellence and skill as a trial lawyer
- Recipient of the 2008 Saul Tischler Award and for career achievement in Family Law from the New Jersey State Bar
- Recipient of the 2005 Distinguished Service Award for Excellence in continuing legal education which was awarded from the New Jersey Institute of Continuing Legal Education.
- Past Chair, Essex County Bar Association Family Law Executive Committee
- Recipient of 1992 Essex County Bar Association Family Law Achievement Award
- Former Co-Managing Editor, New Jersey Family Lawyer
- Editor Emeritus, New Jersey Family Lawyer
- Included in the Best Lawyers in America for the Practice of Family Law
- Selected by U.S. News & World Report as one of the Best Lawyers for the Practice of Family Law
- Selected by New York Magazine as one of New York’s Best Lawyers for the Practice of Family Law
- Selected by New Jersey Monthly as a Super Lawyer in the Area of Family Law and one of the “Top 10 Attorneys” in the State of New Jersey
- Former Member, Supreme Court Board on Attorney Trial Certification (Matrimonial Law Committee)
- Former Member, New Jersey Supreme Court Committee on Family Part Practice
- Member, New Jersey State Bar Association Entire Controversy Committee
- Co-Author, New Jersey Family Law (2nd Edition: Lexis-Nexis) 2009 and its Annual Supplement
- Contributor, Encyclopedia of Matrimonial Practice (Prentice Hall Law & Business) 1991 and its annual supplement
- Co-Author, Valuation Strategies in Divorce (2nd edition: John Wiley & Sons) 1992
- Co-Author, Valuing Professional Practices and Licenses: A Guide For the Matrimonial Practitioner (2nd Edition: Prentice Hall Law & Business) 1993 and its annual supplement
- Family Law Columnist, New Jersey Law Journal and The New Jersey Lawyer
- Author of numerous articles on all phases of Family Law which have appeared in the National Law Journal, The Family Advocate, The New Jersey Lawyer, Fairshare, The New Jersey Law Journal, and The New Jersey Family Lawyer
- Lecturer on Family Law matters for the Institute of Continuing Legal Education, American Law Institute, American Bar Association, Association of Trial Lawyers of America, National Business Institute, the New York Law School Alumni Association, the American Institute for Certified Public Accountants, the New
- Jersey Commission on Missing Persons, as well as other groups
- Former Member, Essex County Judicial Selection Committee
- Member of the American Bar Association, New Jersey Bar Association (Selection of Family Law), Essex County Bar Association and Bergen County Bar Association
- Former Law Clerk to the Honorable June Strelecki, former Presiding Judge of Family Part, Essex County
- Qualified/Certified as an Expert Witness on New Jersey Family Law in New Jersey, Virgin Islands, United States Bankruptcy Courts of Massachusetts and
- Connecticut and United States District Court (PA)
Kelly L. Burris | Cordell & Cordell
Kelly L. Burris is licensed in Texas and Oklahoma. Ms. Burris is Board Certified in Family Law by the Texas Board of Legal Specialization. She has Bachelor of Arts from the University of Texas; Juris Doctor from Texas Tech School of Law, where she was an Articles Editor on the Law Review. She was a director on the board for the Texas Young Lawyers Association from 2002-2003 and again from 2007-2011. In addition, she also served as Director on the board for the Dallas Young Lawyers Association from 2005-2011.
Ms. Burris has held memberships to the Texas Academy of Family Law Specialists since 2008, the Texas Bar Foundation since 2008, the Dallas Association of Young Lawyers Foundation since 2004, and the College of the State Bar of Texas and the Texas State Bar Association. In 2010, she received the President’s Award of Merit from the Texas Young Lawyers Association. She was named one of the “Best Lawyers in Dallas under 40” by D Magazine in 2006. From 2004-2006 and 2008-2014, Ms. Burris was recognized as a Texas Rising Star in the family law practice area by Super Lawyers, a Thomson Reuters rating service of outstanding lawyers. From 2017-2019, she was named a Super Lawyer.
Ms. Burris has written numerous articles and presented speeches on various topics in family law to fellow attorneys, paralegals, and mediators as well as the public. Ms. Burris has settled and litigated complex custody cases and property cases involving multi-million-dollar estates. She discussed divorce, spousal, and child support modification during COVID-19 on FOX26 in Houston, Texas and has been quoted in the New York Times in an article about the complications that are arising in divorce cases due to the emergence of cryptocurrency as well as the London Herald and other international publications.
She regularly presents on various continuing legal education topics for MyLawCLE, Stafford, Legal Career Association and other organizations.
Agenda
Session I – Key Issues in Preparing, Enforcing and Setting Aside Premarital Agreements | 11:00am – 12:00pm
- Steps to negotiate and prepare valid prenuptial agreements | 11:00am – 11:15am
- Key concepts | 11:15am – 11:30am
- Independent Counsel
- Full And Fair Discovery
- Voluntary And Without Duress
- Conscionability
- Key provisions to consider | 11:30am – 11:45am
- Divorce Consequences
- Creation Of Marital Property
- Estate Matters And The Elective Share
- Alimony Vs Property Division
- Review Of Template
- Strategies to set aside a prenuptial agreement | 11:45am – 12:00pm
Break | 12:00pm – 12:10pm
Session II – Mastering Marital Agreements: Navigating Pitfalls and Crafting Solutions | 12:10pm – 1:10pm
- What are the various types of marital agreements and what is the most appropriate type of agreement in each case | 12:10pm – 12:30pm
- Considerations, Procedure and Practice Tips when drafting a marital agreement | 12:30pm – 12:50pm
- Transaction Pitfalls and Dangers | 12:50pm – 1:10pm
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