What to Know About Prenuptial Agreements in Massachusetts

calculating finances for divorce

Most couples don’t get married planning for a divorce. As a result, many find people find it unnecessary to create a prenuptial agreement. After all, why would you need a legal document that declares how your assets will be divided in the event that your marriage comes to an end if you are planning on spending your lives together? In reality, even the most confident couples choose to create prenuptial agreements. This is because these arrangements protect both parties, and allow you to enter this new chapter of your life feeling safe, secure, and prepared for all possible outcomes. Additionally, creating a prenuptial agreement allows you and your partner to ensure that you’re on the same page and get important financial conversations out of the way before the wedding, rather than after. Read on to learn more about prenuptial agreements and how they can benefit you.

What can you include in a prenuptial agreement?

  • Detail how spouses may handle or control their insurance policies.
  • Determine how their property, such as their home, shall be divided should they ever get a divorce
  • Predetermine future alimony terms, should spouses get divorced
  • Determine who can keep certain assets, such as inheritances
  • Determine both spouses’ right to join or separate property after their marriage

What cannot be included in a prenuptial agreement?

  • Any language regarding child support, child custody, child visitation, or any other matters related to current or future children the couple may have
  • The denial of alimony rights to one spouse
  • “Lifestyle clauses” such as consequences for a spouse’s weight gain, etc.
  • Anything related to wealth that seems blatantly unfair to the other spouse

What makes a prenuptial agreement valid?

  • All prenuptial agreements must be in writing.
  • They must be written and executed before marriage.
  • They must include full disclosure of both spouses’ assets. 
  • They will have to be notarized–must like many other legal documents. 
  • They will have to be fair and just to both spouses, and there must be no evidence of coercion or deceit. 

If you have any questions or concerns about prenuptial agreements, contact our firm today.

Contact our experienced Bristol County firm

For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.