Prenuptial Agreements
Wellesley Prenuptial Agreement Expert Lawyer
Click here to download our Premarital Intake Form
In an era where more people are entering into marriage later in life and
many people are getting married for the second time, a prenuptial agreement
can be an important tool for protecting assets accumulated prior to the
marriage. Feldman Family Law, in Boston, Massachusetts, has significant
experience drafting and reviewing prenuptial agreements for professionals.
Experienced Prenuptial Agreement Lawyer Expert
Prenuptial agreements, sometimes referred to as premarital agreements,
antenuptial agreements, or pre-nups, are contracts written prior to a
marriage to establish plans for the disposition of potential issues concerning
property division,
child custody, and inheritance should the parties divorce or pass away. Often premarital
agreements are used as a tool to protect the inheritance rights of children
in a prior marriage.
Many more people
believe they need a prenuptial agreement than those who actually need one. Some
people believe that it can prevent their spouse from obtaining any marital
assets by having them sign a prenuptial agreement. I help my clients understand
the benefits and disadvantages of a prenuptial agreement. I explain how
prenuptial agreements can be enforced, as well as issues that can invalidate
prenuptial agreements, such as fraud, and duress.
When is a Prenuptial Agreement Appropriate
There are a number of reasons to have a prenuptial agreement; coming into
a marriage with significant assets, protecting the inheritance rights
of children from a previous marriage, protecting an inheritance or anticipated
inheritance, trust funds, and protecting assets in a pre-existing company.
I have the skill and experience to draft and review prenuptial agreements
to protect the interests of my clients.
It’s never too soon to start planning for your Prenuptial Agreement
In Massachusetts a Prenuptial Agreement defines the rights and responsibilities
of spouses once they marry. These newly defined rights and responsibilities
are usually significantly different than the legal rights and responsibilities
a spouse may have under divorce law in Massachusetts. An enforced prenuptial
agreement defines which assets will and will not be divided between spouses.
A prenuptial agreement can also define whether spousal support/alimony
is paid or not; and if paid, the amount to be paid. In other words, an
enforced prenuptial agreement has the effect of limiting what a divorce
judge is able to order in a final divorce, as the judge uses the terms
of the prenuptial agreement and not divorce law to determine how assets
are divided and whether spousal support/alimony is paid. However, for
a prenuptial agreement to be enforceable there needs to be full financial
disclosure by both and an understanding of the terms that are being included
in this prenuptial agreement that will supersede state law in the event
of divorce or death. Therefore, whether you are the person with assets
to be protected, or the person who is waiving your rights under divorce
law, it is imperative that you have ample time before the wedding to understand
finances, to understand the divorce law you are waiving and to negotiate
the terms of the prenuptial agreement that fits best for you both. Like
most important things in life, you need time to do it right. As your wedding
date approaches, the many preparations required for your special day are
stressful enough. Why add the stress of last-minute negotiations to complete
a prenuptial agreement? If possible, give yourself at least six months
before the wedding date, especially if complex finances or family demands
are involved. Then relax and enjoy your wedding!
Prenups: Appeals Court Reaffirms “Second Look” Requirement
On January 21, 2015, the Massachusetts Appeals Court reaffirmed the 'second
look' requirement with respect to the enforcement of prenuptial agreements.
In the Kelcourse case the Appeals court reaffirmed the requirements for
a prenuptial agreement to be enforceable in Massachusetts; specifically,
it must have been valid when executed and must be conscionable at the
time of divorce. The 'second look' at the prenuptial agreement
at the time of divorce ensures that the agreement has the same consequence
at the time of divorce as the parties intended at the time of the execution
of the agreement. The Court reiterated that a prenuptial agreement will
not be enforced if, due to circumstances that occurred during the course
of the marriage, enforcement of the prenuptial agreement would leave the
contesting spouse without sufficient property, maintenance, or appropriate
employment to support himself/herself. Therefore, even if the prenuptial
agreement was valid when executed by the parties, the Court could determine
that it is not enforceable at the time of divorce because of circumstances
that occurred during the marriage that make enforcement of the prenuptial
agreement unconscionable.
Contact a Wellesley Expert Prenuptial Agreement Lawyer
If you are considering divorce or have been served with divorce papers, please
contact Feldman Family Law for a
initial consultation. We are conveniently located in Wellesley, Massachusetts. Close to all
major routes and convenient to Boston, We serve clients in
Brookline,Cambridge,
Framingham,
Lexington,
Natick,
Needham,
Newton,Wayland,
Weston and other surrounding areas of Wellesley. I can be reached by phone at
(781) 235-3723, by
e-mail, or by filling out the intake form on the website.