Volume 33, No. 3--Winter 2011

The Prenuptial Agreement

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Drafting or reviewing a prenuptial agreement presents a potential minefield for the lawyer who may be expected to craft language sufficient to cover countless unanticipated and unforeseeable changes both in the law and in the health, wealth, or other circumstances of the parties.

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Why a Prenuptial Agreement?
by Melvyn B. Frumkes

The Perils of a Prenup: First Do No Harm—to Your Client or Yourself
by Paul S. Leinoff & Natalie S. Lemos

What Does Love Have to Do with It?
A prenuptial agreement should not kill the romance, but should quell your clients' fears about marriage and divorce
by Jerome H. Poliacoff

A Call to Action
Why the Uniform Premarital Agreement Act must be repealed or modified
by Ronald S. Ladden

The Devil Is in the Drafting
Sample prenuptial agreement clauses to capture your client's goals and expectations
by John S. Slowiaczek & Virgina A. Albers

Making It Stick
The five requisites of an enforceable agreement
by Willard H. DaSilva 

A World of Agreements
Enforcing and attacking foreign prenups in the United States
by Peter M. Walzer

When a Prenup & Religious Principles Collide
Anticipating faith, marriage, and the possibility of divorce
by Cheryl I. Foster

Making Pension Promises in a Prenup
The impact of ERISA
by Linda J. Ravdin

Thinking Through the Tax Ramifications of a Prenup
by Neil S. Cohen & Stephen W. Schlissel

Books & More: Prenuptial Agreement Bibliography


Using Family Advocate Articles for CLE

The articles in this issue are ready-made for use as CLE program materials for your state, local, or in-house continuing legal education programs.

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Editorial Policy

Family Advocate, published by the American Bar Association Section of Family Law, offers practical, practice-oriented articles for family lawyers, their clients, and other professionals involved in divorce, child custody, adoption, and other family-related issues. The articles in Family Advocate do not express the official policy of the ABA or the Section of Family Law. They represent the views of thoughtful members of the bench and bar who are interested in effective advocacy and the American family.