Presented by the ISBA Family Law SectionCo-presented by the ISBA Young Lawyers Division
Live Webcast
Friday, May 9, 2025
10:00 a.m. – 3:40 p.m.
5.0 hours MCLE credit
Learn to navigate the complex issues of drafting enforceable agreements for your family law clients, and why getting the details right throughout the drafting process is so important to ensuring that your client is happy with the outcome. Family law attorneys, civil practice lawyers, and trusts and estate practitioners with all levels of practice experience who attend this online seminar will better understand:
- The common problems that judges see with prenuptial, postnuptial, and martial settlement agreements;
- What to consider during companion estate planning when entering into pre- and post-marital contracts, as well as marital settlement agreements;
- How to draft enforceable agreements that also protect your client’s interests and privacy;
- The necessary language when drafting family law contracts;
- The nuances of negotiation;
- The similarities and differences to be aware of between states;
- The Uniform Premarital and Marital Agreements Act; and
- Much more.
Pamela J. Kuzniar, Haid and Teich LLP, Chicago
Genevieve E. Miller, Beattie Onorato Family Law LLC, Chicago
Program Chat Moderators:
Hon. Anna M. Benjamin, Champaign County Circuit Court, Urbana
Pamela J. Kuzniar, Haid and Teich LLP, Chicago
10:00 – 11:00 a.m. Forewarned is Forearmed: A View from the Bench
Don’t miss this opportunity to gain the perspective of sitting judges as they identify and highlight issues, challenges, and common problems associated with prenuptial, postnuptial, and martial settlement agreements. Listen as they recommend available remedies for common issues and offer practice tips on how to draft valid and enforceable agreements. A review of relevant caselaw, key problematic clauses, choice of law and forum clauses, and their impact is also included.
Hon. Anna M. Benjamin, Champaign County Circuit Court, Urbana
Hon. Tamika Walker, Winnebago County Courthouse, Rockford
11:00 a.m. – 12:00 p.m. Estate Planning Considerations: The Belt and Suspender Approach
This presentation explores the issues that estate planners need to consider when clients plan to get married, the essential companion documents for prenuptial agreements, and the companion documents to consider when discussing postnuptial agreements or anticipating divorce. Topics include: how to work with estate planners to protect your clients when drafting various agreements, how to ensure that the outcome your client seeks is enforceable, and what to do when the enforcement of an marital settlement agreement involves a deceased party.
Heather A. McPherson, McPherson Law Offices, Freeport
Angel Traub, A. Traub & Associates, Lombard
12:00 – 12:30 p.m. Lunch Break
12:30 – 1:30 p.m. Prenuptial Agreements
Join us for a look at the process for drafting prenuptial agreements, as well as the concerns and issues that must be addressed. Discover new techniques for handling issues in a manner that protects the assets of a moneyed spouse, while still empowering and providing protection for the non-moneyed spouse. Learn how to draft prenuptial agreements on an individual basis and understand why relating to the facts and situations of each case is so important for your client. Examples and checklists to ensure full disclosure, conscionability, and enforceability are included.
Matthew A. Kirsh, Kirsh & Anderson, Ltd., Chicago
Molly R. Kirsh, Kirsh & Anderson, Ltd., Chicago
1:30 – 2:30 p.m. Postnuptial Agreements
Gain a better understanding of the practical benefits of a valid postnuptial agreement, which includes determining financial responsibilities, protecting individual assets, managing debt, and more. This session examines the possible options to protect your client’s interests, addresses the anticipated standard of review in determining the fairness of the agreement, and provides sample examples, critical clauses, and checklists to help you with your next case.
Joshua S. Singewald, Singewald Law Firm, Chicago
Genevieve E. Miller, Beattie Onorato Family Law LLC, Chicago
2:30 – 2:40 p.m. Break
2:40 – 3:40 p.m. Marital Settlement Agreements
Being able to get the benefits conferred in a marital settlement agreement is just as critical as documenting the division of property, debts, maintenance, and parental allocation. Drafting an enforceable agreement and ensuring the assets and debts are transferred requires planning and foresight. This segment discusses the essential terms of a marital settlement agreement, as well as the effective remedies to include in them to encourage compliance and ensure that the non-breaching party gets meaningful relief. Learn how to identify the necessary documents to ensure proper title transfer and why completing the companion qualified orders in a timely manner is so important.
Michelle A. Lawless, The Law Office of Michelle A. Lawless LLC, Chicago
Olivia Basu, Hammer Serna and Quinn LLC, Chicago
Original source can be found here.