Is there any Privacy in Family Court?; A Lesson on Setting Aside Separation Agreements; Think You’re Smart? Top Three Advanced Errors in Drafting Separation Agreements

The issues that arise with these standard clauses upon a party’s death are numerous and complex. We often do not consider these issues when drafting separation agreements, as we are likely more focused on getting a resolution for the parties and assisting them in moving forward with their lives at that time. As a result, we look to legislation and case law to understand the parties’ rights and obligations in life, rather than upon one party’s death. We often overlook the equally important legislation and case law relating to estate law, insurance law and pension law with which we must comply in order to ensure that the domestic contract prevails over, or is consistent with, wills, beneficiary designations, and other legal instruments.