Pre-nuptial Agreements in Massachusetts
For most couples contemplating getting married, the last thing they want to think about is a pre-nuptial agreement. And the truth is that such an agreement is not appropriate for most couples.
However a pre-nuptial agreement, also called an antenuptial agreement, can be a very important planning device for couples, especially when they enter the marriage with very different amounts of wealth, or when it is a second or subsequent marriage for one or both, and one or both of them wants to protect the assets they will bring into the marriage in the event of divorce. Pre-nuptial agreements are enforceable under Massachusetts law if prepared properly, and if a judge, reviewing the agreement to see if it should be enforced is satisfied that the agreement was fair and reasonable at the time it was written, and fair and reasonable at the time it is to be enforced. At a minimum, at the time the agreement was signed there must have been full disclosure of all financial assets, liabilities, and income of both parties. The judge will expect to see that there was full disclosure, but will probably also look to see if both parties were represented by lawyers, and if there is some reasonable provision for support as well as whether the agreement, as a whole, seemed fair. Under no circumstances would a prenuptial agreement be enforced if it tries to avoid payment of child support.
If you think you might want a pre-nuptial agreement, or if your fiancé is asking you to agree to one, the Law Office of Sanford I. Furman can guide you through the process of negotiating and drafting an enforceable pre-nuptial agreement, something Attorney Furman has been assisting people with throughout eastern Massachusetts, especially in greater Boston and Metro west, including Wellesley, Newton, Brookline, Framingham and Brighton deal effectively with Contempt issues. Contact him today.
