Massachusetts Prenuptial Attorneys - Fraier & Maillet, P. C.

Prenuptial Agreement Lawyers Serving Worcester County, MetroWest and Surrounding Areas

Fraier & Maillet, P.C. has over fifty years of combined legal experience and dealings with the Massachusetts Probate and Family Court system. Our Prenuptial Agreement Attorneys have the knowledge and experience it takes to protect you as you venture into your new marriage.

It is our aim to create a strong, indisputable Prenuptial Agreement for you so that you are free to enjoy your wedding day and your future marriage together without the emotional strain of financial uncertainty.

Located in Northborough, Massachusetts we serve clients throughout Worcester County and the MetroWest area, including Northborough, Shrewsbury, Westborough, Southborough, Worcester, Upton, Grafton, Hopkinton, Boylston and Milford.

What is a Prenuptial Agreement?

A “prenup,” or ante-nuptial agreement is a contract in which two marrying parties seek to set forth their commitments to divide their income, assets, liabilities and expenses in the event of divorce and/or death. Prenuptial Agreements are enforceable under Massachusetts Law, so long as practical guidelines are followed.

A prenup is important when any number of these circumstances exist for you:

This is not your first marriage

You have children from a previous relationship

There are significant differences in your potential to inherit property

You have accrued substantial business or personal assets

What makes a Prenuptial Agreement valid?

Massachusetts law provides ever-changing guidelines for determining what language and provisions are most likely to be upheld in a divorce court. The current state of prenuptial law in the Massachusetts Probate and Family Court includes adherence to the following principals:

Both parties have competent family law attorneys who advise them prior to signing the agreement

A comprehensive list of assets and liabilities is attached to the antenuptial contract

The “prenup” is signed well in advance of the marriage ceremony

The agreement is formalized in writing

The provisions included in the contract are fair and reasonable considering the circumstances at the time of the marriage AND those at the time of divorce.

What is included in the Prenuptial Agreement?

Prenuptial Agreements often cover issues involving finances in the event of a divorce. They may also include predetermined arrangements the parties have made in the case of a death of one of the spouses.

The financial issues that are usually addressed in the antenuptial agreement include:

Segregating family real estate or accounts or trusts as separate property

The payment of alimony

Division of the assets that are acquired during the marriage

Protecting business interests

Providing for your current children

Safeguarding your personal savings and investments

What are the advantages to signing a Prenuptial Agreement?

There are three distinct advantages to having a Prenuptial Agreement:

A Prenuptial Agreement prevents financial uncertainty and tension during your marriage

A Prenuptial Agreement identifies your premarital property and your intentions, which can greatly reduce the cost of any future litigation

A Prenuptial Agreement can promote peace of mind and reduce stress between your spouse and your family (your children, siblings, parents) and/or your business associates by outlining those assets that will be considered separate property and those that will be included in the marital estate

Prenuptial Agreements FAQs

Can a Massachusetts Prenuptial Agreement be changed or terminated at a later date?

Yes. The terms of a Massachusetts Prenuptial Agreement can be changed or terminated as long as both parties agree.

We will assist you to create a solution if you should change your minds or if your circumstances change after the date of your marriage so that you have a workable contract that fits for your future.

Does Massachusetts require that I hire an attorney to draft a Prenuptial Agreement?

One of the criteria that the court uses to determine the strength and validity of a Prenuptial Agreement is whether both parties engaged Massachusetts Probate and Family Law attorneys to help draft and edit and negotiate the contract. By each of you hiring your own lawyers, you have a much better chance of the Probate Court determining that the Prenuptial Agreement was fair at the time you signed it. When Prenuptial Agreements are drafted by Massachusetts Family lawyers, it is much more likely that your “prenup” will follow the law correctly and stand the test of time.

It is also important that each of you has separate lawyers to advise you so that the Court may easily find that you signed the Prenuptial Agreement voluntarily, which is one of the primary criteria in determining whether the agreement is valid and enforceable.

Located in Northborough, and from Worcester County, to MetroWest, we serve couples in the following Massachusetts towns and cities in Worcester County and MetroWest areas, including: Northborough, Shrewsbury, Westborough, Southborough, Worcester, Framingham, Marlborough, Upton, Grafton, Hopkinton, Ashland, Boylston, Milford

Come into our office today to get started with your prenuptial agreement. Over the years, we have drafted many premarital agreements for Massachusetts couples. As soon as you are ready, we can discuss your legal options. Contact us today to get started with the prenuptial agreement.

Who needs a Massachusetts Prenuptial Agreement?

Anyone seeking to protect their premarital business or personal assets, real estate, retirement plans, inheritances and family gifts from being considered as part of the marital estate later should sign a Prenuptial Agreement.

Even if your premarital property is modest, identifying certain assets as separate property before your marriage may prevent disagreement and financial difficulty in the future.

Prenuptial Agreements can be especially helpful if you have children from a previous relationship that you want to provide for from your assets or income.

What are the consequences of not having a prenuptial agreement in Massachusetts?

Individuals who do not enter into Prenuptial Agreements run the risk of the Commonwealth of Massachusetts dictating how their property is divided upon dissolution of marriage. A well-constructed “prenup” allows you to not only contract with each other for a particular division of assets and/or income at the time of divorce, but it might also prevent you from being subject to divorce law as it changes.

Can my Prenuptial Agreement be contested or found invalid?

Any Massachusetts contract can be challenged. If the parties hire their own attorneys and sign the “prenup” well in advance of their wedding date it is more likely that their Prenuptial Agreement will be enforceable. They should each make full financial disclosure by attaching a list of their assets and debts to the agreement and they should create provisions that will likely be found fair and reasonable, both at the time of their marriage and at the time of divorce or death of one of the spouses.

By adhering to these general principles, it is likely that the Court will find the Prenuptial Agreement valid.