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LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report  

Prenuptial Agreement: Can You Make it Enforceable & Keep Your Client Happy?

Family Lawyer Magazine

In part one of a two-part series published online in Family Lawyer Magazine, Atlanta-based Partner David Matthews discusses how lawyers can make prenuptial agreements enforceable while also keeping their client happy.

“The first step is to understand what your client wants and determine if it can be accomplished,” Matthews writes. “A surprising number of clients believe that everything is up for grabs in a prenuptial agreement because that is what they have seen on television and in movies.”

Matthews further suggests that attorneys should outline their goals before drafting a prenuptial agreement.

“This preliminary exercise accomplishes a few things,” Matthews explains. “First, you will be able to determine early on whether the client can be satisfied with an enforceable prenuptial agreement. Second, you will be able to discuss issues with them ahead of time that could potentially invalidate the agreement. Finally, you may determine that because of the character of the assets and other circumstances, the client does not need a prenuptial agreement.”

For the full article, click here.

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