Date & Time: Monday, January 22, 2024 from 4:00 p.m. – 6:00 p.m. ET
Webinar Fee: $65
This Program is Online Only
This event is cosponsored by The Massachusetts Family and Probate American Inn of Court.
Faculty
Hon. Melanie Gargas, Probate & Family Court
Hon. Thomas Barbar, Probate and Family Court
Lisa Cukier, Esq., Burns & Levinson
David Lee, Esq., Lee & Rivers
Catherine Spanu, Esq., Burns & Levinson
Published and unpublished decisions from the Supreme Judicial Court and the Appeals Court change, refine and interpret the vast body of relevant statutory and case law in family law every year. 2023 was no exception, with significant appellate decisions addressing issues including legal custody and medical decision-making authority, parenting coordinators, the divisibility of irrevocable trusts incident to divorce, the validity of prenuptial agreements, private arbitration in the family law context, and treatment of foreign real estate, among others. This CLE will review the most notable family law appellate decisions from the past year to give practitioners additional tools that they can use when litigating Massachusetts family law matters.
A number of significant cases will be discussed. Examples include:
J.M. v. C.G., 492 Mass. 459: addresses a complaint to establish paternity under G.L. c. 209C in which the putative biological father of a child commenced an action more than four years after another man had executed a voluntary acknowledgement of paternity and concludes that the complaint was time-barred and that no common law action to establish parentage was permissible under the circumstances.
Gazelle v. Gazelle, 102 Mass. App. Ct. 764: considers the treatment of foreign real estate as well as valuation dates and currency exchange rates in the context of division of marital assets and liabilities pursuant to G.L. c. 208, s. 34.
Imbrie v. Imbrie, 102 Mass. App. Ct. 557: considers the standards of review applicable to binding arbitration and to actions with a special master under Mass. R. Dom. Rel. P. 53, as well as issues relating to legal custody regarding medical decision-making, sole legal custody, and parenting coordinators.
Rudnick v. Rudnick, 102 Mass. App. Ct. 467: considers both the “first look” and “second look” at a prenuptial agreement under DeMatteo v. DeMatteo, 436 Mass. 18, and upholds a Probate and Family Court judge’s determination that while a prenuptial agreement was fair and reasonable at the time of execution, it was unconscionable, and thus unenforceable, at the time of the parties’ divorce because the husband had breached the agreement and stripped the wife of all marital interests.
Jones v. Jones, 103 Mass. App. Ct. 223: addresses the inclusion of an irrevocable, discretionary trust in the parties’ marital estate, equitable division of assets in light of market fluctuations, and the Probate and Family Court’s failure to consider tax consequences in dividing marital assets.
Online registration is encouraged. For assistance, questions on group discounts, accommodations requests, special billing, program content, out-of-state CLE credits, and general contact CLE Coordinator, Michael Saporito by email at msaporito@socialaw.com. Registrations accepted in order of receipt. Registration fees are non-refundable. Most Social Law Library CLE events are recorded and recordings are sent to all who are registered. The recording is available by digital download, generally within a week after the program date. CLE credit, when applicable, is only granted when the live webinar is attended.