Prenuptial Agreements

A premarital agreement is a written declaration of two people contemplating marriage.  In Massachusetts, a prenup is effective upon marriage and provides for, among other things, the rights and responsibilities with respect to support and disposition of property at divorce, separation or death of the parties.

Rather than being viewed as a relationship-killer, a prenup can and should work to define the parameters of your economic partnership before your marriage takes place. The same way you would discuss your future goals and dreams with a partner, prenuptial agreements can often represent the best way to ensure the needs of both parties in the event of a divorce.

Once you contact Judith Heller, she'll even give you advice on how to best approach the topic with your significant other since it’s wise to discuss this prior to your engagement.

Both parties should have legal counsel for the agreement and there needs to be a full disclosure of all assets by both parties.  Subject to fraud or duress involved in its execution, the agreement will ordinarily be enforced.  Especially in Massachusetts, it is a good idea to hire an attorney because of the “second look” doctrine which requires the agreement may not be unconscionable either at the time of its execution or at the time it is being sought to be enforced. 

In a recent survey of matrimonial lawyers, an overwhelming 80 percent cited a recent increase in prenuptial agreements over the past five years.  Most are sought by men and women between 40 and 60 years old. 

Beyond the standard financial terms, other provisions relate to a family pet, adultery penalties, terms for frequency of intimacy, limitations on weight gain, and schedules for housekeeping.

The most common reasons that a prenup – or any provision within it – may be held to be invalid are: no written agreement (it must be in writing to be enforceable); one of the parties was pressured to sign the agreement; there were invalid provisions (such as modifying court-ordered child support payments); or incomplete information.

You can be assured that our lawyers will draft your prenuptial agreement to protect your division of property and create guidelines for spousal support and other things in the event of divorce. 
To discuss the drafting of your prenuptial agreement contact us or call Massachusetts family law lawyer Irwin Pollack at (781) 461-9800.

Because of the long-reaching implications of a divorce, one of the best things to do is get competent and zealous legal representation from aggressive and experienced family lawyers.  We represent families throughout Massachusetts, including Newton, Wellesley, Weston, Wayland, Dover, Sherborn, Sudbury, Carlisle, Lexington, Boxford, Georgetown, Topsfield, and other communities in the counties of Essex, Middlesex, Suffolk, Norfolk, Bristol, Plymouth, Worcester, Barnstable, Dukes, Nantucket, Hampton, Hampshire, Franklin, and Berkshire.  We offer an extensive initial consultation where we discuss your family law matter in depth.  We will give you an honest assessment of your case in light of the facts, case law, and our extensive experience.  Contact us for a free, no-obligation consultation or call (781) 461-9800.