Section 4.20 Drafting and Forms

LibraryFamily Law Deskbook and 2014 Supp

E. (§4.20) Drafting and Forms

Antenuptial and postnuptial agreements need to be tailor-made to the particular objectives and circumstances of each representation. Even though this is the age of computer-generated forms, checklists, and worksheets, there is no substitution for careful drafting. Drafting should not be a fill-in-the-blanks process. Because no two situations will be alike, it is suggested that counsel examine a number of forms and legal writings on the subject matter so as to have a thorough basis for drafting the agreement. See, e.g., Gary N. Skoloff et al., Drafting Prenuptial Agreements (1995 and 2011 Supp.); 6A M. Elizabeth Fast & Eric Ziegenhorn, Missouri Practice, Legal Forms ch. 17 (2003 and Supp. 2012); 21 Jack Cochran & Nancy A. Beardsley, Missouri Practice, Family Law ch. 2 (2000 and Supp. 2011). But no form book can cover every situation that will arise. Also, no form should be used without...

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