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Family Law Litigation

Trust Issues: Pre- and Post-Nuptial Clauses

Part One of a Two-Part Article

This article explores common provisions used in pre-and post-nuptial agreements and suggest how standard language might be modified to protect a client’s rights or interests in trusts he or she formed before the marriage, or that family members formed naming him or her in various capacities.

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Pre-nuptial and post-nuptial agreements are ubiquitous in matrimonial practice, and to achieve optimum results for clients, it helps to use an interdisciplinary approach. A key area in which cross-disciplinary concerns should be at the forefront is with respect to trusts and how they may be impacted by marital agreements.

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