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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
Certificate of Completion
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Why Lorman?

Over 34 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 34 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, 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.

  • AK CLE 1.5
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.6
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.6 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • 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.
     
  • CT CLE 1.5
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
     
  • FL CLE 2.0 including Marital and Family Law 2
     
  • This course has been approved by The Florida Bar for a total of 2.0 hours of CLE credit. The course is approved for the following: Marital and Family Law for 2.00 hours.
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • MO CLE 1.8
     
  • This course qualifies for self-study CLE credit in Missouri.
     
  • ND CLE 1.5
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
     
  • NE CLE 1.6
     
  • This activity has been approved for 1.6 hours of CLE credit in the State of Nebraska.
     
  • NH MCLE 1.6
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 96 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE 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.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • UT CLE 1.5
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
     
  • VT CLE 1.5
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WI CLE 1.5
     
  • This program qualifies for 1.5 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • NALA 1.6
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.6 hour(s).
     
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.

MP3 Download

  • AK CLE 1.5
     
  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • MO CLE 1.8
     
  • NJ CLE 1.8
     
  • NM CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

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Why Lorman?

Over 34 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 34 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.

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


  • OnDemand Courses
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  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 409045
Published 2021
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