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The Matrimonial StrategistFamily LawFeaturesLitigation

Trust Issues: Pre- and Post-Nuptial Clauses

By Martin M. Shenkman and Rebecca A. Provder

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.

As modern trust practice has evolved, there has been significant growth in the array of provisions in agreements that might need to be added or modified to address a variety of trust planning issues. This article explores common provisions used in these 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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