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.
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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
This course was last revised on September 8, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory 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
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
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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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.
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