Prenuptial Agreements

Wellesley Prenuptial Agreement Expert Lawyer

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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.