A Massachusetts prenuptial agreement is a documented arrangement that makes certain assets the sole property of one partner in a marriage. In simpler terms, a prenuptial agreement helps guarantee that an individual never loses high-value assets and other possessions if their marriage terminates.
What Is Massachusetts Prenuptial Agreement?
A Massachusetts prenuptial agreement is an arrangement between two individuals who intend to marry each other. This agreement typically lays out the separation of all or some of each individual's property and alimony payment in case of a legal separation or divorce.
Furthermore, prenuptial contracts cannot restrict or eliminate child support, and the couple must always ensure that a prenup agreement remains in the best interests of both parties. They are especially prevalent in second marriages or when one couple holds more assets than the other. Other reasons to execute a prenuptial agreement may comprise the following:
- To safeguard assets for kids from last relationships
- To guard an individual's inheritance or interest in a trust
- To specify the process for splitting premarital acquisitions
- To determine the process for splitting premarital obligations
- To protect an individual's interest in a company or professional training
- To lower expensive litigation in case of a divorce
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Whatever the cause for a prenup contract, certain prerequisites must be followed for a prenup to be reasonable under Massachusetts prenup regulations.
What Must a Massachusetts Prenuptial Agreement Include?
In Massachusetts, prenuptial agreements delivers how personal or real property will be described in case of a divorce (as either marital or separate property). It may also restrict each partner to a detailed ownership stake in a property (such as a life inheritance) or restrict a partner's interests in separate possessions.
Moreover, a prenup might also comprise a property to be distributed, and the prenup must always be written. And unlike some agreements, oral prenuptial agreements are nullified under Massachusetts law. Also, if one party questions the validity of a prenuptial contract during a legal separation or divorce, a judge will look to different aspects to decide whether it was fair and reasonable at the time that it was executed, including:
- Whether each person had the chance to evaluate the contract, consult with a lawyer, and negotiate prenup provisions before signing
- Whether both parties executed the prenuptial contract freely, without pressure or threats
- Whether one or both partners had legal representation
- Whether both partners thoroughly and honestly disclosed all liabilities and assets to each other.
Do You Need a Lawyer for Your Massachusetts Prenuptial Agreement?
While Massachusetts statutes do not require consulting a lawyer for drafting a prenuptial agreement, there are numerous reasonable reasons to work with a professional Massachusetts prenup attorney rather than taking a DIY route. Also, as specified above, a prenup can remain void in Massachusetts if it is not fair at the time of execution and enforcement.
In most circumstances, you will spend far more funds on litigation than you would have to hire a lawyer to draft the prenuptial contract in the first place. And even when a prenuptial agreement might look relatively explicit, there are several potential traps. So it is better to seek our professional consultation at Contracts Counsel and get proper legal protection and safeguard your finances.
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Meet some of our Massachusetts Prenuptial Agreement Lawyers
Christopher R.
Corporate and transactional attorney in sixth year of practice. Focus areas include general corporate counsel, labor and employment law, business partnership matters, securities matters related to privately-held companies, and regulatory compliance in securities and finance matters.
Briana C.
Legal services cost too much, and are often of low quality. I have devoted my law practice to providing the best work at the most affordable price—in everything from defending small businesses against patent trolls to advising multinational corporations on regulatory compliance to steering couples through a divorce.
Jo Ann J.
Jo Ann has been practicing for over 20 years, working primarily with high growth companies from inception through exit and all points in between. She is skilled in Mergers & Acquisitions, Contractual Agreements (including founders agreements, voting agreements, licensing agreements, terms of service, privacy policies, stockholder agreements, operating agreements, equity incentive plans, employment agreements, vendor agreements and other commercial agreements), Corporate Governance and Due Diligence.
Richard G.
Attorney Gaudet has worked in the healthcare and property management business sectors for many years. As an attorney, contract drafting, review, and negotiation has always been an area of great focus and interest. Attorney Gaudet currently works in Massachusetts real estate law, business and corporate law, and bankruptcy law.
October 27, 2020
Ross F.
I am an experienced technology contracts counsel that has worked with companies that are one-person startups, publicly-traded international corporations, and every size in between. I believe legal counsel should act as a seatbelt and an airbag, not a brake pedal!
June 28, 2021
Joshua C.
Attorney Joshua K. S. Cali is a respected business, estate planning, and real estate attorney based in Ashland serving Middlesex County and other nearby areas. Joshua graduated summa cum laude from Bentley University in Waltham, MA, and from UCLA School of Law in Los Angeles. Before starting his own firm, Joshua practiced estate planning for high net worth clients at a boutique law firm in San Diego, CA.
July 29, 2021
Stanley K.
Stan provides legal services to small to medium-sized clients in the New England region, and throughout the U.S. and abroad. His clients are involved in a variety of business sectors, including software development, e-commerce, investment management and advising, health care, manufacturing, biotechnology, telecommunications, retailing, and consulting and other services. Stan focuses on the unique needs of each of his clients, and seeks to establish long term relationships with them by providing timely, highly professional services and practical business judgment. Each client's objectives, business and management styles are carefully considered to help him provide more focused and relevant services. Stan also acts as an outsourced general counsel for some of his clients for the general management of their legal function, including the establishment of budgets, creation of internal compliance procedures, and the oversight of litigation or other outside legal services.
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Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
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ContractsCounsel User
Prenuptial Agreement - Duck
Location: Pennsylvania
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 2
Bid Range: $700 - $1,200
ContractsCounsel User
Create Prenuptial Agreement
Location: Colorado
Turnaround: Less than a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 2
Bid Range: $999 - $1,000
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