| Unmarried Couples
Money, Pleadings and Dissolution
Sponsored with the Flaschner Judicial Institute
Please Note: This course has already
been held.
Date: Friday, April 04, 2003
Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 01:00 PM
Faculty
Schedule/Agenda
Registration Information
Unable to attend but are interested in the course materials?
Purchase Here! |
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"As America"s cohabitation rates soar, live-in couples are increasingly drafting legal documents to clarify their financial arrangements if they split up. While married people can rely on divorce laws, the nation"s 11 million unmarried same-sex or heterosexual couples don't have a similar rule book to follow."
- Boston Globe, December 16, 2002
Even if you haven't had one of these cases yet, chances are you will soon. The legal issues are still unsettled although some cases offer guidance. The Vermont civil union law has actually added another layer of complexity regarding rights, privileges, or obligations since most of those licenses are not for residents of Vermont. In the event someone comes to you for a partnership agreement, do you know the salient issues? Are you aware of the tax issues involved in estate plans and testamentary agreements? When the relationship has reached a crisis stage, do you know which court to go to and what relief is available?
Unmarried Couples: Money, Pleadings and Dissolution features seasoned practitioners and judges discussing these difficult issues. Through a hypothetical case, we will explore the strategic, practical and legal issues. Attend this program so you will know how to effectively advise your clients, whether at the planning stage or during litigation.
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Joshua S. Rubenstein
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Katten Muchin Zavis Rosenman, New York, NY |
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Professor Charles P. Kindregan, Jr., Chair
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Suffolk University Law School, Boston, MA |
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Honorable Edward F. Donnelly, Jr., Associate Justice
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Middlesex Probate & Family Court |
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John C. Stevens, III
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First Justice, Probate & Family Court, Essex Division |
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Honorable Maureen H. Monks
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Middlexex Probate & Family Court |
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Honorable Amy L. Blake
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Essex Probate & Family Court |
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Philip J. Byers
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Andover, MA |
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Elizabeth O’Neill LaStaiti
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Probate & Family Court, Bristol Division |
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Katherine Triantafillou
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Cambridge, MA |
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~ Case Study ~ Gail and Jeff have been living together for 7 years. Gail earns about $125,000, plus benefits (pension, health, stock options) as a VP in a large corporation. Jeff is a musician hoping to make it big someday. They have purchased a house in Somerville where they have lived for the last 2 years. Gail is on the deed and mortgage because Jeff has very little income. In fact, Gail provides almost all of the financial support – she pays for vacations, furnishings and the family car. Jeff, with a small part-time job, pays for groceries. They are pretty adamant about not getting married but want to know what they can do to plan for the future in case something happens to either one of them or if they split up. They have a 4 year old child together and are thinking of having another child.
| S C H E D U L E / A G E N D A |
| 9:00 |
Welcome & Introductions |
Amy Lyn Blake, Esq., Chair & Professor Charles P. Kindregan, Jr., Moderator
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| 9:10 |
Planning Ahead: Contracts, Partnership Agreements, Estate Plans and Testamentary Agreements |
- Co-Parenting Agreements - advantages, enforceability, child support, de facto parenthood
- Property and Domestic Partnership Agreements - enforceability, difficult issues, ethical issues
- Wills and Trusts, Estate Tax, Durable Powers of Attorney, Health Care Proxies, Adult Adoption
Joshua S. Rubenstein, Esq. & Maureen H. Monks, Esq.
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| 10:10 |
Choice of Forum/ Theory and Case Strategies |
- What is your strategy?
- Highlights of contract remedies and equitable remedies
- Petitions to Partition and problems of proof
- Pleading affirmative defenses in equity
- Advantages/Disadvantages of Superior Court vs. Probate Court
Philip J. Byers, Esq. & Katherine Triantafillou, Esq.
Commentary: Honorable Edward F. Donnelly, Honorable Elizabeth LaStaiti O’Neill, Honorable John J. Stevens, Amy Lyn Blake, Esq., Maureen H. Monks, Esq. and Joshua S. Rubenstein, Esq.
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| 11:35 |
Discovery & Temporary Relief |
- Can you get temporary orders?
- Should you file a Motion to Vacate?
- Can you obtain a restraining order over assets?
- Do you need financial statements?
- Equity claims
- Rule 9
Philip J. Byers, Esq. and Katherine Triantafillou, Esq.
Commentary: Honorable Edward F. Donnelly, Honorable Elizabeth LaStaiti O’Neill, Honorable John J. Stevens, Amy Lyn Blake, Esq., Maureen H. Monks, Esq. and Joshua S. Rubenstein, Esq.
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| Date: |
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Friday, April 04, 2003 |
| Tuition: |
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Tuition is $159; $129 for attorneys admitted to the Bar after 2000. Course book and refreshments included in the tuition charge. A limited number of partial scholarships are available. Please submit a written request via fax 617-305-3099.
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| Walk-Ins: |
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Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.
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| Refunds: |
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Written requests for cancellations received via fax or email 24 hours prior to the program will be granted a refund, minus a $15 charge. If you cannot attend, you can send a substitute, otherwise you will receive the written course materials.
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| Location: |
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Suffolk University Law School, 120 Tremont St., Boston, MA
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| Credit: |
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Approved for CLE Credit in RI, NH, VT & ME.
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Special
Needs: |
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If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.
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Directions to the Law School.
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Unable to attend but are interested in the course materials?
Purchase Here! |
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