Prenuptial and Post Nuptial Agreements in Massachusetts

Massachusetts Divorce & Family Law Attorney

Many factors have contributed to the rise in use of prenuptial and postnuptial agreements in our society today. These agreements when properly made can help to mitigate messy and costly divorce proceedings.

Postnuptial agreements are made when the prospect of divorce becomes a likely reality. Couples can seek to resolve many issues in advance to ease the divorce proceeding or as part of an attempt to repair the marriage. Postnuptial agreements were a grey area of Massachusetts law until just recently when they were recognized by the State Supreme Court. Prior to this time the subject of postnuptial agreements was open to question, particularly on the basis of coercion - such as a spouse making threats unless an agreement was signed. Now they are recognized but must conform to the following conditions:

• The opportunity for each party to obtain separate legal counsel of their own choosing
• There was no fraud or coercion in obtaining the agreement
• All assets were fully disclosed by both before the agreement was executed
• Each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce
• The terms of agreement are fair and reasonable at the time of execution and at the time of divorce

In view of the above it is quite important to have any mediation or establishment of a postnuptial agreement executed with a qualified Massachusetts divorce attorney. Otherwise one takes the risk that the agreement may be held invalid by the courts.

Drafting Prenuptial and Post Nuptial Agreements in Massachusetts

Prenuptial agreements are drafted before a marriage and have long been a part of Rauseo Law's practice. We recognize the need in many unions to establish agreements beforehand in regards to existing assets or to decide the terms of a potential divorce. On the average roughly 50% of all marriages end in divorce and the idea of preplanning for this possibility has gained acceptance with many couples embarking on marriage. Often this can mean the difference between an amicable separation and continuing friendship or years of hard feelings and antagonism.

Please consider the value of marital agreements in either establishing a new relationship or as a tool in reducing the cost and trauma of a divorce. Contact our Massachusetts divorce lawyers today for a consultation on the value of a prenuptial or postnuptial agreement. Our firm serves clients in Andover, Beverly, Cambridge, Lexington, Lowell, Marblehead, Newburyport, Saugus, Wakefield, and Winchester.