Myths Surrounding Prenuptial Agreements | What to Know

There are a number of important legal steps to take before you get married. Before marriage, some couples choose to create a prenuptial agreement. But, there are a lot of misconceptions surrounding prenuptial agreements. These misconceptions can create tension when it comes to signing a prenuptial agreement. Read on to learn more about the truth behind prenuptial agreements in Massachusetts.

Some of the most common myths surrounding prenuptial agreements include:

You can be forced to sign a prenuptial agreement

Some people worry that they will be forced to sign a prenuptial agreement by their future spouse or their spouse’s parents. Luckily, you cannot be forced to sign a prenup. In order for a prenuptial agreement to be considered valid, it must meet the following requirements:

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

You can include child custody arrangements in a penup

Some people assume they can include anything they want in their prenup. This is not the case, as there are certain rules and regulations that must be followed. In Massachusetts, you cannot include the following in your prenup:

  • 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

A prenup indicates a lack of trust

Some couples worry that a prenuptial agreement indicates a lack of trust. In reality, a lot of healthy and successful couples create prenuptial agreements, and a prenup can make a marriage even stronger. This is because it allows both parties to enter the marriage feeling safe and secure, knowing that they are protected and there are a number of things they do not have to worry about.

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

Contact our 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.