Prenuptial Agreements in Massachusetts

What Are Some Benefits of a Prenuptial Agreement?

Having peace of mind in the event of divorce can add years to a healthy marriage. Therefore, it is advantageous to know what each party is agreeing to before the divorce to limit disputes later on with regards to the division of assets and debts. Speak with a knowledgeable lawyer at Sawin Law, P.C. regarding an agreement to protect both you and your future spouse’s assets and debts.

What goes into a Prenuptial Agreement?

A well-drafted prenuptial agreement should be specific in listing a full disclosure of assets and debts that will be divided in the event of divorce. Both parties are encouraged to hire their attorney to represent them and their best interests and increase. A prenuptial should include:

• List of debts and assets
• Inheritance
• Alimony to be paid
• Lifestyle clauses
• Separate and marital property

Can I Contest a Prenuptial Agreement?

Typically a prenuptial agreement will stand up during a divorce. A judge may take a look at the agreement for a complete list of documented assets and debts. The agreement must not leave the other party without maintaining a lifestyle while married or strip them of all marital assets. A judge considers several factors when a prenuptial agreement is contested. These factors include:

• Proper counsel
• Understanding of terms and their effect
• Rights in the absence of agreement (waiver of rights)
• Sufficient time to review agreement
• Full financial disclosure

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