Prenuptial Agreements Laws in Massachusetts
A prenuptial agreement is a contract between two parties entered into prior to marrying that is designed to protect the assets of one or both parties acquired prior to or during the marriage. The agreement specifically outlines how each party's property, debt, assets, inheritances, etc. are to be divided or not in the event they divorce, separate, or if one spouse dies. Prenuptial agreements are also important to protect inheritances of children from prior marriages.
As with any contract, the prenuptial agreement can be modified so long as the parties agree in writing to the changes. Also with any contract, the agreement can be challenged, contested, invalidated or terminated. Prior to entering into a prenuptial agreement, the parties must fully disclose to each other any and all financial assets and liabilities. The agreement must be deemed fair and reasonable to be upheld by the Court. The Court will consider whether full financial disclosures were made, whether the agreement is fair and reasonable, the time between the execution of the agreement and the divorce, and whether each party was represented by independent counsel prior to entering into the agreement. In other words, the agreement cannot be disproportionately one-sided nor can a party be coerced into signing it.
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