There are few things more exciting in life than marriage. However, just as many people put months of planning into their wedding, they should also consider planning for the worst as well. One of the best ways to do so is by drafting a prenuptial agreement. Though there used to be a certain stigma associated with drafting prenuptial agreements, this is no longer the case. People across the country are realizing that they are merely a useful tool that all couples should utilize to protect their assets. Please continue reading and reach out to our knowledgeable Massachusetts divorce attorney to learn more about prenuptial agreements and how our firm can help you draft one. Here are some of the questions you may have:
Why do couples draft prenuptial agreements?
Couples draft prenuptial agreements for a wide variety of reasons, though they are primarily designed to protect various aspects of their finances. Prenuptial agreements can be used for the following issues:
- Detailing how spouses may handle or control their insurance policies.
- Determining how their property, such as their home, shall be divided should they ever get a divorce
- Predetermining future alimony terms, should spouses get divorced
- Determining who can keep certain assets, such as inheritances
- Both spouses’ right to join or separate property after their marriage
What makes a prenuptial agreement valid and enforceable in Massachusetts?
No legal document means anything if it is not valid and enforceable in the eyes of the law. For a prenuptial agreement to have legal standing, it must meet the following qualifications:
- All prenuptial agreements must be in writing.
- They must be written and executed before marriage.
- They must include a 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, and there must be no evidence of coercion or deceit.
If you are already married, you may not draft a prenuptial agreement. However, you can still draft a postnuptial agreement, which essentially serves the same purpose, though it is just drafted after marriage. If you would like to learn more about marital agreements in Massachusetts, please do not hesitate to speak with our experienced Massachusetts divorce attorney today. Our firm is here to help.
Contact our experienced Massachusetts 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.
