Prenups: A Divorce Attorney's Guide to Protecting Your Future
Updated: Jul 21
Prenuptial agreements, also known as prenups, are legal contracts made between two people before they get married. These agreements outline how assets and debts will be divided in the event of a divorce or separation. They can also address spousal support and other issues. In this blog post, I'll discuss some important things to know about prenuptial agreements in Massachusetts.
Requirements for a Valid Prenuptial Agreement in Massachusetts
One of the fundamental requirements for a valid prenuptial agreement in Massachusetts is that it is in writing. Prenuptial agreements must be in writing. Oral contracts of any kind are difficult to enforce because there is no clear record of the detailed terms or the parties’ actual understanding of the terms and law that will be superseded by these terms. Additionally, both parties must provide full disclosure of all financial information, including all assets, debts, properties, income, business interests, and potential inheritances. If one person misrepresents assets or omits information, the agreement will likely be rendered unenforceable.
Reasons a Prenuptial Agreement in Massachusetts May Be Unenforceable
There are several reasons why a prenuptial agreement in Massachusetts may be unenforceable. Some of these reasons include:
The agreement was signed under duress or coercion.
Financial disclosure was false or incomplete.
Tips for Drafting a Prenuptial Agreement in Massachusetts
If you're considering a prenuptial agreement in Massachusetts, it's important to work with an experienced family law attorney who can help you draft an agreement that is fair and legally enforceable. Here are some tips for drafting a prenuptial agreement in Massachusetts:
Work with an experienced family law attorney who is familiar with Massachusetts law.
Provide full and fair disclosure of all financial information.
Make sure the agreement is fair to both parties.
Prenuptial agreements can be a useful tool for couples who want to protect their assets and avoid lengthy legal battles in the future. However, it's important to work with an experienced family law attorney who can help you draft an agreement that is fair and legally enforceable. If you're considering a prenuptial agreement in Massachusetts, contact me today to schedule a consultation.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Consult with a qualified attorney for personalized advice regarding your specific situation.