Prenuptial Agreement

Newton Prenuptial Agreements Lawyer

Secure Your Future With a Tailored Prenup in Massachusetts

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A 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!

Understanding the Enforceability of Prenups 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.

Top Advantages of Drafting a Prenuptial Agreement

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.

Guidelines for Crafting a Legally Sound Prenup in MA

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.
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    Attorney Nicholas Halks has tried over 40 cases.
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    Attorney Nicholas Halks is recognized by legal organizations such as Avvo, CALI, and The National Advocates.
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