Session I - Drafting Prenuptial and Postnuptial Agreements: Best practice – David P. Badanes
A “how to” guide on drafting prenuptial and postnuptial agreements. The Course will include initial interview questions to ask. A review of the financial statement and what documents to request from your client. A discussion of the major portions of the prenuptial and postnuptial agreement. What to negotiate with opposing counsel. How the clients should execute the agreement. A quick review of prenuptial and postnuptial law will be included.
Key topics to be discussed:
Understand how to draft a prenuptial and postnuptial agreement
Understand what to include in the prenuptial and postnuptial agreement
Understand what to negotiate with opposing counsel
Understand the basics of prenuptial and postnuptial law
Session II - Drafting and securing a marital settlement agreement, premarital or postmarital agreement – Kelly Burris, and Marcie Patton-Coffman
Drafting and securing a marital settlement agreement, premarital or postmarital agreement is one of the most important skills any attorney practicing family law should have. A poorly drafted agreement or contract can result in the loss of property, debts, custody, and visitation. Cost-efficient, practical, and effective remedies to insure that an agreement is effective and enforceable is crucial. In this seminar, we will discuss what to include in MSAs and pre- or post-nuptial agreements to encourage compliance and to ensure that the non-breaching party gets meaningful relief.
You will learn tips and tricks to be sure your client is not left holding the bag or paying tens of thousands of dollars to litigate for relief that should have been automatic. We will talk about common problems and solutions for many of these types of agreements as well as options for enforcement of an agreement after it is signed.
Key topics to be discussed:
The difference between various types of agreements
Preparing to reach an agreement
Drafting techniques and limits of typical remedies
Agreements with Respect to Children
Remedies within the Agreement
Enforcement after the signing of an agreement
Date: October 26, 2022
David P. Badanes | Badanes Law Office
David Badanes is the owner of the Badanes Law Office, P.C. located in Northport, New York, with a satellite office located in Garden City, New York. The Badanes Law Office focuses its legal services in the areas of Matrimonial Law, Family Law and Divorce Mediation.
Mr. Badanes has written several articles which have been published in the Suffolk County Lawyer. He has presented several CLE seminars on various issues concerning Matrimonial Law, for the Marino Institute for Continuing Legal Education, LawLine, and Quimbee. He has also presented free seminars to various civic groups.
He is a member of the New York State Bar Association, Suffolk County Bar Association, Nassau County Bar Association, Suffolk County Matrimonial Committee and Nassau County Matrimonial Committee. He is a former President and is now a Board Trustee on the Northport-East Northport Board of Education. He is a former Vice-President of the Northport Chamber of Commerce.
Mr. Badanes graduated in the top ten percent of his class from St. John’s School of Law. While attending St. John’s School of Law he was a member of the St. John’s Law Review. Prior to becoming an attorney, Mr. Badanes was a computer programmer and a computer consultant.
Mr. Badanes lives in Northport, with his wife and two children. Mr. Badanes enjoys hiking, volleyball and relaxing at the beautiful beaches of Long Island. Mr. Badanes is a life-long (suffering) N.Y. Mets and N.Y. Jets fan.
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.
Ms. Burris 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.
Ms. Burris 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.
Ms. Burris discussed divorce, spousal, and child support modification during COVID-19 on FOX26 in Houston, Texas.
Ms. Burris 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.
Ms. Burris appeared on the LawHer Podcast to discuss family law and cryptocurrency.
Ms. Burris wrote a pair of articles for Divorce Magazine and Family Lawyer Magazine about cryptocurrency and divorce.
Ms. Burris regularly presents on various continuing legal education topics for MyLawCLE, Stafford, Legal Career Association and other organizations.
Ms. Burris was interviewed by News Radio 1200 WOAI in San Antonio about the fallout of the Ashley Madison data breach.
Ms. Burris was interviewed by WOAI NBC 4 in San Antonio for a story about Texas’ 50/50 custody bill.
Ms. Burris was interviewed by KPRC-590 AM and KTRH-740 AM in Houston about a potentially groundbreaking child custody case.
Ms. Burris was part of a feature on Cordell & Cordell that aired on KTBC Fox 7 in Austin. She appeared on KVUE News in Austin on multiple occasions to discuss family law topics, including frequently asked questions about “love legalities” and common tax issues facing divorced men.
Ms. Burris wrote a guest article for Texas Lawyer titled, “The Family Law Practitioner’s Guide to Surviving the Texas Medical Record Privacy Act and HIPAA.
Ms. Burris was interviewed on multiple Houston radio stations about a child custody case with ramifications on the parental rights of Texas fathers.
Ms. Burris also appeared on DadsDivorce Live to discuss a 50/50 child custody bill proposed in the Texas legislature.
In 2014, Ms. Burris presented a lecture as part of Cordell & Cordell’s Continuing Legal Education seminar on “Litigating a Family Law Case on a Budget.”
Marcie Patton-Coffman | Cordell & Cordell
Marcie Patton-Coffman is a graduate from the University of Dayton School of Law. She is a litigation partner at Cordell Law and is certified in Family Law in the state of Ohio. She has been practicing in the area of family law for fourteen years and has been presenting on the topic in various capacities for five years.
Session I – Drafting Prenuptial and Postnuptial Agreements: Best practice | 12:50pm – 1:50pm
Understand how to draft a prenuptial and postnuptial agreement | 12:50pm – 1:05pm
Understand what to include in the prenuptial and postnuptial agreement | 1:05pm – 1:20pm
Understand what to negotiate with opposing counsel | 1:20pm – 1:35pm
Understand the basics of prenuptial and postnuptial law | 1:35pm – 1:50pm
Break | 1:50pm – 2:00pm
Session II – Drafting and securing a marital settlement agreement, premarital or postmarital agreement | 2:00pm – 3:40pm
The difference between various types of agreements | 2:00pm – 2:20pm
Preparing to reach an agreement | 2:20pm – 2:40pm
Drafting techniques and limits of typical remedies | 2:40pm – 3:00pm
Break | 3:00pm – 3:10pm
Agreements with Respect to Children | 3:10pm – 3:20pm
Remedies within the Agreement | 3:20pm – 3:35pm
Consequences of breach
Collateralizing terms of the contract
Sale of property and refinance requirements
Enforcement after the signing of an agreement | 3:35pm – 3:40pm