Prenuptial Agreements

Prenuptial agreements (often referred to as “prenups”) can be beneficial for couples with:

• Pre-marital assets or debts: If you or your partner bring significant assets or debts into the marriage, a prenup can clarify how they will be handled in a divorce or death of a party.
• Blended families: Prenup can protect assets intended for children from prior relationships.
• Open communication about finances: If you want clear financial expectations upfront, a prenup can spark those conversations.

 While prenups have broad coverage, some things are typically off-limits:

• Child custody or support arrangements (these are determined by the court in the best interest of the child); and 
• Illegal provisions that violate public policy.

 Yes, but for it to be enforceable, certain criteria are required:

• Full financial disclosure: Both parties must disclose all assets and debts honestly.
• Independent legal counsel: It is recommended each person has their own lawyer review the agreement.
• Voluntary signing: No pressure or coercion can be involved.

The law regarding the validity and enforcement of prenuptial agreements is always changing in Massachusetts and it is advised that you consult an attorney prior to entering into an agreement to understand the full extent of the validity and enforcement of the agreement. 

 Yes, prenups can be modified through a written agreement signed by both spouses. This is often done if circumstances significantly change after the initial prenup is created.

 Lawyers aren't mandatory, but they can play a crucial role in navigating the legal system, providing guidance, and advocating on behalf of their clients. Having a lawyer on your side can assist with the following. 

• Ensure fairness: A lawyer can review the agreement for fairness and advise on potential imbalances.
• Promote comprehensiveness: They can help ensure the prenup covers all desired aspects.
• Guarantee enforceability: A lawyer can guide you through the legal process to make the prenup enforceable in court.