Tips for Negotiating and Drafting Separation Agreements

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Tuesday, March 9, 2010
4:00 p.m. – 7:00 p.m.

Sponsored by:  The Family Law Section

This seminar will provide mediators and divorce practitioners with the basics and intricacies surrounding the negotiation and drafting of separation agreements.  Given that up to 90% of divorce actions settle, mastering the skill of negotiation and drafting an agreement while avoiding common mistakes is essential to a quality practice.

First Justice Peter DiGangi and Associate Justice Spencer Kagan from the Middlesex Probate and Family Court will offer their valuable insight on issues that arise in separation agreements presented to them for approval.  Negotiation and drafting tips on important tax implications, property division, alimony, parenting plans, child support, college costs, and health and life insurance will be offered by a seasoned mediator and divorce attorneys.

Specific Topics will include:

• SJC Rule against including personal information in a public document.
• Standard boilerplate language
• Tax issues to be mindful of in negotiation and drafting
• Division of property
• Same-sex divorce tax issues
• Negotiating a comprehensive parenting plan
• Coming to settlement with help of a mediator
• Parenting coordinator issues
• Recent case law that attorneys should be mindful of when drafting an agreement, including Pierce (alimony), Wooters (stock options are income), and Mandel (college)
• Child support provisions
• What to watch for in drafting provisions

Panelists:

Hon. Peter C. DiGangi
First Justice, Middlesex Probate and Family Court

Hon. Spencer M. Kagan
Associate Justice, Middlesex Probate and Family Court

Carolyn C. Van Tine, Esq.
Conn Kavanaugh Rosenthal Peisch & Ford, LLP

Linda Ouellette, Esq.
Denner Pellegrino

David A. Hoffman, Esq.
Boston Law Collaborative, LLC

Program Co-chairs:

Robin M. Lynch Nardone, Esq.
Burns & Levinson LLP

Linda Ouellette, Esq.
Denner Pellegrino

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