Prenuptial Agreements Lawyer in Middlesex County, MA
Drafting Prenups in Massachusetts With Award-Winning Advocacy
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!
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.
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.