Attacking and Defending Marital Agreements, Second Edition

    By Brett Turner and Laura W Morgan

    Attacking and Defending Marital Agreements, Second Edition

    Attacking and Defending Marital Agreements, Second Edition

    By Brett Turner and Laura W Morgan

    2012, 603 pages, 7 x 10, Paperback, PC 5130188

    Make the strongest argument for your client with this in-depth research and analysis. Focusing on the legal issues of validity and construction in marital agreements, the authors demonstrate how identifying the best argument can benefit the client while avoiding potential drafting problems.
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    Going beyond the limited focus of a drafting-oriented treatise, Attacking and Defending Marital Agreements answers the need for an in-depth examination of the questions of validity and construction of these agreements. Written by Brett R. Turner and Laura W. Morgan, both well-known professional research attorneys who focus on family law topics, this is still the only book written primarily to address what happens after the agreement is signed by the two parties.

    While the authors offer thoughtful drafting tips at appropriate points, their primary focus is upon the twin issues of validity and construction. They provide well-researched guidance to the family lawyer faced with making and evaluating arguments on the validity and construction of marital agreements. They approach these questions by assuming that the reader has no independent knowledge of what took place during the negotiation of the agreement, as in most cases the court lacks this type of knowledge. As a result, the authors are able to approach issues of validity and construction from the same viewpoint as the court when it is asked to resolve these questions. There's often the temptation to employ an argument that, although it attempts to score a 'home-run' result, has not yet been fully evaluated by the courts. Instead, by being able to identify and make the best argument possible, the authors show how the lawyer can achieve a result that substantially benefits the client.

    Throughout the book, the authors demonstrate which are the strongest arguments the lawyer can use to provide clients with the most significant benefits. The text, clear and readable, describes arguments that have gathered some in the available case law. Possible arguments are described, and the general strengths and weaknesses of each are discussed. From their research the authors have observed the types of provisions that tend to cause problems for one or both parties. This knowledge helps the practitioner avoid potential problems in the drafting process since these provisions, while often not essential to the main focus of the agreement, can ultimately cause more harm than good. At appropriate points, the authors offer practical and strategic tips for drafting marital agreements.

    The book includes extensive citations to case law along with appendices that include a 'mini-encyclopedia' of ambiguous marital agreement provisions and their construction by the courts, discovery materials on the validity of marital agreements and on the validity of antenuptial agreements, bibliography, 73-page table of cases, and comprehensive index.

    Product Details

    Authors

    Brett Turner, Laura W Morgan

    Sponsors

    Section of Family Law

    Publishers

    ABA Book Publishing

    ISBN

    9781614383857

    Page Count

    603

    Product Code

    5130188

    Trim Size

    7 x 10 Paperback

    Publication Date

    3/21/2012 12:00:00 AM

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