Pre-Nuptial Agreement Lawyer, Massachusetts
Do You Need a Prenuptial Agreement?
Prenuptial agreements are written legal and binding contracts between two people who intend to be married. A proper prenuptial agreement provides the obligations and interests of both parties if and when they divorce. Prenuptial agreements should be written by specialized attorneys due to the technical nature of whether the future probate and family court will uphold the agreement as fair and reasonable. Furthermore, the parties must make a full, complete, and accurate disclosure of their estate- all their assets and liabilities before signing the prenuptial agreement. It should be well in advance of the proposed wedding and reviewed by outside counsel.
Folks will go through the process of a prenuptial agreement because it can be a cost-effective way to address property (accounts, real estate, personal property) if and why they divorce. The agreement limits the rights, interests, and claims either party has against the other on specified items.
In times of uncertainty, many clients have felt that a premarital agreement would protect them. If so, contact Angel Burke Law to discuss your situation in detail. This includes some of the following settings:
- Second or third marriages later in life;
- Huge difference in assets or income between parties;
- Interests in family businesses;
- Beneficiary status of significant inheritance;
- Any asset wanting to shelter from future spouse for any reason.
It is more likely than not that there will be two attorneys involved in any negotiation to a Massachusetts prenuptial or postnuptial agreement. Contact Angel Burke Law to discuss your options.
Postnup? Why? Do You Need a Postnuptial Agreement?
Postnuptial agreements are written legal and binding documents between two people who are already married. It provides for a pre-arranged division of assets if the parties later divorce. They must be properly drafted and they are strictly scrutinized by the divorce court. Some of factors that must be in place include separate counsel for the parties, free from fraud or coercion at the time of inception, a full disclose of all assets, a waiver of rights under divorce law, and the agreement must be fair and reasonable in the context of the marital estate.
Because postnuptial or marital agreements in Massachusetts must be strictly scrutinized by the court before it may be sanctioned, it is critical to work with an experienced lawyer who will ensure all legal requirements are met in the drafting and execution of the agreement.