Attacking and Defending Marital Agreements - 2nd Edition - Brett Turner

Attacking and Defending Marital Agreements 2nd Edition Brett Turner ISBN 9781614383857

Moving beyond the narrow scope of drafting-focused treatises, Attacking and Defending Marital Agreements provides a thorough examination of the critical issues of validity and construction of marital agreements. Authored by Brett R. Turner and Laura W. Morgan—widely recognized research attorneys with extensive experience in family law—this volume remains the only book primarily devoted to what occurs after a marital agreement has been executed by both parties.

While the authors include practical drafting insights where appropriate, the book’s central focus is on analyzing and litigating challenges to validity and interpretation. It offers carefully researched guidance for family law practitioners who must assess, develop, and respond to arguments regarding marital agreements. The authors approach these issues from the same perspective as the court, assuming no independent knowledge of the negotiation process—an assumption that mirrors the reality faced by judges in most cases.

Rather than relying on untested, high-risk arguments aimed at achieving dramatic outcomes, the book emphasizes identifying and presenting the strongest, most defensible positions supported by existing case law. This disciplined approach enables attorneys to pursue outcomes that meaningfully advance their clients’ interests while minimizing unnecessary risk.

Throughout the text, the authors highlight the most effective arguments available, explaining their legal foundations and evaluating their relative strengths and weaknesses. Drawing on extensive research, they identify provisions that frequently create disputes or unintended consequences, helping practitioners avoid common pitfalls during the drafting stage. Strategic and practical drafting tips are incorporated where they add value to the analysis.

The book features comprehensive case law citations and robust appendices, including a “mini-encyclopedia” of ambiguous marital agreement provisions and how courts have interpreted them, discovery materials related to the validity of marital and antenuptial agreements, a bibliography, an extensive 73-page table of cases, and a detailed index—making it an indispensable resource for family law attorneys.

Attacking and Defending Marital Agreements 2nd Edition Brett Turner ISBN 9781614383857, 978-1614383857 & 978-16143-83857

Authors
Brett Turner
Laura W Morgan