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OnDemand Course

Protect Your Client From Disaster: Boilerplate Terms in Marital Agreements

Recognize common mistakes made when drafting boilerplate language and learn how to make your agreements bulletproof.

This material will dissect the mandatory and optional clauses you need to draft an enforceable marital settlement agreement or a divorce judgment. After reviewing this material, you will be able to identify standard provisions in marital agreements regarding support, custody, property division, taxes, and attorney's fees. You will also be able to recognize common mistakes lawyers make when drafting boilerplate language. Learn how to make your agreements bulletproof.

97 minutes
Course Exam
Certificate of Completion
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Acknowledgments and Findings (Recitals)

  • Basic Case Facts and Capacity
  • Disclosures
  • Representation by Attorney

Property Division

  • Allocation of Assets
  • Equalization Payment
  • Taxation and Basis of Assets
  • Boilerplate Germane to Property Issues

Child Support

  • Amount and Duration of Basic Support
  • Mandatory and Discretionary Add-Ons
  • Findings on Child Support and Computation

Alimony (Spousal Support)

  • Amount and Duration
  • Modifiability and Waivers
  • Findings on Spousal Support

Custody

  • Legal Custody
  • Parenting Plan
  • Child Custody Findings

Attorney's Fees and Costs

Tax Provisions

Release, Waivers, and Warranties

Miscellaneous Provisions

  • Choice of Law
  • Severability

The Basics

  • Signatures (Initialing Each Page, Hanging Signature Lines, Using DocuSign, Notarization)
  • Legal Descriptions of Property
  • Incorporation Into Judgment

Final Thoughts and Questions

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 8, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Ashley W. Edwards

Ashley W. Edwards

Walzer Melcher LLP

  • Associate attorney at Walzer Melcher LLP in Woodland Hills, California
  • Has practiced exclusively as a family law attorney since 2018
  • Before becoming a family law attorney, successfully represented landlords and property management companies of both residential and commercial properties in Los Angeles and Orange counties in all aspects of landlord-tenant, fair housing, and real estate law
  • Currently represents professionals and high net worth individuals in divorce actions involving complex issues, including child custody and executive compensation
  • A significant portion work dealt with post-judgment litigation surrounding terms of marital settlement agreements and modifying support and custody terms in marital settlement agreements and judgments
  • Received multiple honors in recognition of her leadership and service, including for her work as an instructor for the Marshall-Brennan Constitutional Literacy Project, where she taught constitutional law and civil rights courses
  • J.D. degree, University of Pittsburgh School of Law, Editor in Chief of the Pittsburgh Journal of Technology Law and Policy
Peter M. Walzer

Peter M. Walzer

Walzer Melcher LLP

  • Founding partner of the Southern California law firm Walzer Melcher LLP, a practice focused exclusively on family law with offices in Woodland Hills
  • Served as president of the American Academy of Matrimonial Lawyers (2018-2019), an organization consisting of 1650 preeminent family lawyers in the United States
  • Past chair of the Los Angeles County Bar Association’s Family Law Section, a past president of the Southern California Chapter of the American Academy of Matrimonial Lawyers, and former chair of the executive committee of the State Bar Family Law Section
  • Certified Family Law Specialist for 31 years and is a former president of the Association of Certified Family Law Specialists
  • Former member of the Council of the American Bar Association Family Law Section
  • Member of the Elkins Family Law Task Force, a statewide panel whose charge is to propose measures to improve efficiency and fairness in family law proceedings and ensure access to justice for family law litigants
  • Named Family Law Person of the Year in 2009 by the Southern California Chapter of the American Academy of Matrimonial Lawyers and Fellow of the Year by American Academy of Matrimonial Lawyers in 2010
  • Listed in The Best Lawyers in America and achieved the highest rating in the Martindale-Hubbell Law Directory
  • Received the Southwestern Law School Max A. Goodman Family Law Legacy Award on June 10, 2017
  • Chambers and Partners High Net Worth Guide Publication named him a “Leader in Their Field” and ranked him in Band 1 for their 2018-2019 High Net Worth Guide for Family Law
  • Articles featured in various publications, including Los Angeles Lawyer, ABA Family Advocate, California Lawyer, LACBA News and Review, and State Bar Family Law Section Family Law News
  • Has written chapters in two books for California Continuing Education of the Bar
  • Lectures regularly for the State Bar, UCLA, CEB, ACFLS, AAML, and various other organizations
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Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

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  • State Specific Credit Tracker
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Product ID: 409045
Published 2021
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