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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.