By: Rachel L. Engdahl, Esq. The decision has been made. You and your spouse are getting divorced. Now what? One…
Massachusetts Lawyer for Pre-Nuptial Agreement
Massachusetts allows couples to make prenuptial agreements, which set out the terms and conditions of a property settlement in the event of a divorce. The agreement typically specifies what property should be allocated to each spouse.
In order to properly protect a client, it’s important to consider the various property changes that can take place over the course of a marriage. For instance, while one spouse may own a home that is brought into a marriage, what happens if this house is sold and a new house is purchased (perhaps using money which in part is contributed by the spouse who did not own the former home)?
There are a variety of circumstances that can arise that can affect the terms and conditions that need to be considered in drafting a well-crafted Pre-Nuptial Agreement. Upon meeting with you and learning about your circumstances and wishes, I can draft the agreement that will be right for you.
The Pre-Nuptial Agreement Must be Found Fair and Reasonable at the Time of the Divorce
Under Massachusetts law, Pre-Nuptial Agreements must be found to be fair and reasonable at the time of a divorce in order to be enforceable. If an agreement is found enforceable, the parties will be deemed to have waived their rights to the Massachusetts standards for Property Division.
If you are considering entering into a Pre-Nuptial Agreement, it’s important to seek legal counsel to clearly understand your rights and the property that may be impacted.
If you would like more information, please call us at (617) 973-6446 or email us Rachel@rachelengdahllaw.com