top of page
maarten-van-den-heuvel-_pc8aMbI9UQ-unsplash.jpg
Search
  • Writer's pictureSummers Family Law

Prenups: A Divorce Attorney's Guide to Protecting Your Future

Updated: Dec 15, 2023

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there is no clear record of the detailed terms or the parties’ actual understanding of the terms and law that will be superseded by these terms.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.

  • Invalid provisions.


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.


Conclusion

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: The content provided in this blog is for informational and educational purposes only. It should not be construed as legal advice and readers should not act upon any information provided without seeking professional legal counsel. The author does not guarantee the completeness or accuracy of the information provided. This blog is not intended to create an attorney-client relationship between the author and the reader.

24 views0 comments

Comentários


bottom of page