Prenuptial Agreements Lawyer in Middlesex County, MA

Drafting Prenups in Massachusetts With Award-Winning Advocacy

A women talking to an attorneyA marriage is a legal contract between two people. A prenuptial agreement is a written agreement that establishes the rights of both parties if the marriage ended in divorce. It is helpful to discuss controversial subjects such as property division and alimony while both of you are on agreeable terms.

Protect your assets in the event of a divorce. At The Halks Firm, we can help you draft an effective prenuptial agreement that is custom-tailored to meet your needs.

Learn more about prenuptial agreements in MA. Contact our prenuptial agreement lawyers in Newton at (781) 995-0107. We serve all of Boston and Norfolk County!

Are Prenups Enforceable in Massachusetts?

Yes, as long as a judge feels that the prenuptial agreement was written to adhere to guidelines established by the law. These guidelines include:

  • The two parties must have entered into the agreement voluntarily without pressure or duress.
  • The terms of the agreement must be fair for both sides; any evidence of lopsidedness will warrant the prenup void.
  • The prenup must be signed well in advance of the wedding. If completed and signed too close to the date, one of the spouses can claim he or she was pressured.
  • Both parties must disclose all financial information such as assets, business interests, stocks, and even debt.
  • It helps if both parties have the opportunity to consult with their own attorney. If one spouse decides to utilize the help of an attorney when drafting their side of the prenup, and the other spouse declines to have legal representation, then he or she must include a clause that they willingly declined.

The Benefits of a Prenuptial Agreement in Massachusetts

The benefits of drafting a prenuptial agreement before entering a marriage include:

  • It can protect the inheritance rights of children from a prior marriage
  • It can help you effectively identify the separate property of each party
  • It can save you from the considerable time and expense of a litigated divorce
  • It can help you effectively identify marital assets and income subject to division
  • It can save you from arguing over the division of assets and debt down the road
  • It can provide you with peace of mind by removing uncertainties about the future

Whether you have significant assets or modest means, a prenuptial agreement could prove very beneficial. In order to be executed, a prenuptial agreement in Newton, Massachusetts must be fair and reasonable and must contain a truthful disclosure of both parties’ assets and liabilities.

Can You Write Your Own Prenup and Have It Notarized

In Massachusetts, it is possible to write your own prenuptial agreement (commonly referred to as a "prenup") and have it notarized. However, there are certain requirements and considerations you should be aware of:

  • Legal Requirements: Prenuptial agreements in Massachusetts are governed by state law (Massachusetts General Laws, Chapter 209, Section 25). The agreement must meet specific legal requirements to be valid and enforceable.
  • Full Disclosure: Both parties must fully disclose their assets, debts, income, and any other financial information. Failure to do so could potentially invalidate the prenuptial agreement.
  • Voluntary Agreement: The prenuptial agreement must be entered into voluntarily by both parties without coercion or duress. It is advisable for both parties to have their own legal representation to ensure their interests are adequately protected.
  • Fair and Reasonable: The terms of the prenup should be fair and reasonable at the time of execution. Provisions that are blatantly one-sided or unconscionable may be challenged in court.
  • Notarization: While notarization is not a requirement for a prenuptial agreement to be valid in Massachusetts, it is a good practice to have the agreement notarized. This can help establish the authenticity of the signatures and the voluntariness of the agreement.
  • Review by Attorneys: It is highly advisable for both parties to have their own independent attorneys review the prenuptial agreement before signing it. This can help ensure that both parties fully understand the terms and implications of the agreement.
  • Timing: Prenuptial agreements should be executed well in advance of the wedding, and there should be no indication of coercion or undue pressure to sign the agreement.
  • Amendment and Revocation: Prenuptial agreements can often be amended or revoked by written agreement of both parties after the marriage.

While you can draft your own prenuptial agreement, it is strongly recommended to seek legal counsel to ensure that the agreement complies with Massachusetts law and that your rights and interests are adequately protected. An attorney can provide guidance on drafting, review, and notarization to help create a legally enforceable and fair prenuptial agreement.

If you are attempting to navigate the complex laws governing prenuptial agreements, our team at The Halks Firm can assist you. For the dedicated legal counsel you need, don’t hesitate to speak with our Newton, MA prenuptial attorney by calling (781) 995-0107.

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