Boston Prenup Lawyer

In a perfect world, when a couple gets married, it would be for life. In reality, things can and do change over time. Divorce can often be the best solution for couples who can no longer get along or simply no longer want to be married to each other.

Of course, divorce can be both messy and expensive. One way to reduce the cost and stress associated with divorce is by getting a prenuptial agreement (also referred to as an antenuptial settlement). These contracts can address key areas related to money and assets, which often makes the divorce process less contentious.

At Infinity Law Group, we help individuals and families with all types of Massachusetts family law matters, including divorce, child custody, child support, and alimony. Reach out to our law offices today to talk to a Boston prenup attorney about drafting a prenuptial agreement.

Why Get a Prenuptial Agreement?

With almost 50% of all marriages ending in divorce, I’m not surprised by the number of people researching prenuptial agreements.

In my opinion, every couple planning a marriage should also add a prenuptial agreement to their to-do list. It doesn’t matter if you have a lot of money, a little money, or have a mountain of debt – my advice is to have a prenuptial agreement prepared prior to your marriage.

And I say that for three reasons.

One, if your marriage does end in divorce, and there is no prenuptial agreement, your divorce will be decided by the default divorce laws for the Commonwealth of Massachusetts – and those laws are set-in-stone.

Two, it’s a great way to discover a little more about your future husband or wife. With a prenuptial agreement, all assets and debts must be listed and because of that, you won’t have to face any nasty surprises after the wedding day. With a majority of marriages ending because of arguments or disagreements over money, doesn’t it just make sense to lay-out the finances before you say “I do.”

And three, because 50% of all marriages end in divorce, having a prenuptial agreement in place is significantly cheaper that going through a nasty, contested divorce.

How are Prenuptial Agreements Created?

As I indicated earlier, both parties list their assets and debts and agree on how to handle them. Then the couple typically either agrees to split assets and debts accrued during the marriage, or agrees to other contractual language that might apply to their specific situation.

So do you, and your future spouse, a favor and have a prenuptial agreement drawn up.

After all, It’s better to plan out of love then to plan when you’re “in hate”.

Prenuptial agreements are contracts. To be valid, they have to be drafted in a particular way to comply with Massachusetts law.

First, prenuptial agreements must be reasonable and fair when it is initially signed. It must also be reasonable and fair to the parties when it is enforced. Massachusetts courts will take a “second look” at the time of divorce to make sure that it is still valid.

Second, prenups must be in writing. Unlike other types of contracts, oral prenuptial agreements are not valid in Massachusetts. Prenups must also have a schedule of property that lists the couple’s assets and debts.

Third, prenuptial agreements can only address monetary matters. This includes how property is characterized (as separate or marital property), how property will be divided if the couple divorces, and spousal support/alimony.  They cannot be used to determine child custody (which must be decided in the best interests of the child) or to limit or waive child support obligations.

In addition, prenuptial agreements cannot contain “lifestyle clauses.” These clauses essentially penalize one spouse for things that they do, such as gaining weight or cheating. Any type of lifestyle clause is unenforceable in Massachusetts.

If one party challenges the enforceability of the prenup, then a judge will analyze it carefully. To determine if a prenup was reasonable and fair at the time that it was signed, a court will look at multiple factors. This may include:

• Whether both parties signed the prenuptial agreement voluntarily, without coercion or  threats;
• Whether each party had the opportunity to review the agreement, consult with an attorney, and/or negotiate conditions before signing;
• Whether one or both parties had legal representation;
• Whether both parties completely and truthfully disclosed all assets and liabilities to each other.

If the parties ultimately get divorced, then a court will look at the prenuptial agreement a second time. Broadly, if a judge determines that enforcing the agreement would leave one party “without sufficient property, maintenance, or appropriate employment” to support themselves, then it isn’t reasonable and fair. The prenup will likely be invalidated.

Prenuptial agreements must be carefully drafted to make sure that they are reasonable and fair to both parties and that they comply with Massachusetts law. While there are online options for “fill-in-the-blank” type prenups, these agreements have a higher likelihood of being invalidated by a court. These prenuptial agreements often aren’t customized to an individual situation and may not be drafted specifically for Massachusetts. The best way to get a well-drafted prenup is by working with a Boston prenuptial agreement attorney.

Considering a Prenup? Reach Out to Our Law Firm.

When a couple decides to get married, they might spend a lot of time planning the wedding or figuring out how to blend their families. They might not spend any time thinking about the financial realities of marriage and what will happen if they decide to get divorced. If you are planning to get married, a prenuptial agreement could be incredibly useful as a way to protect both spouses in the event of a divorce.

Infinity Law Group represents individuals and families in a range of Massachusetts family law matters. We also offer strategic legal advice for couples preparing to get married, including advising clients on whether a prenup is a good idea for their particular situation. We can also work with you to draft a prenuptial agreement that complies with Massachusetts law and protects your best interests. To learn more or to schedule a free consultation with a Boston prenup lawyer, give us a call at 617-250-8236 or fill out our online contact form.

What Can’t You Include in a Prenup?

Top 4 Mistakes to Avoid When Drafting a Prenup

Boston Prenup Lawyer FAQs

Do I need to make a lot of money to have a prenup?

Not at all. Creating a prenuptial agreement is a great way for future spouses to discuss their current finances—the good and the bad—and to plan for how they’ll combine or separate their finances during the marriage. It helps couples move forward with a marriage on the same page regarding how to handle money, which is particularly important if there is a significant difference in incomes, or one person carries a lot of debt. 

There are many situations where a prenup makes sense, even if a couple doesn’t have a lot of money or assets. For example, when an older couple gets married and each has adult children from a prior marriage, a prenup can make sure that each of their kids inherits from them. Prenups can also be incredibly helpful in relationships where one partner has a family business or a professional practice.

Can we sign a prenup after we get married?

Yes, you can sign an agreement regarding assets and debts during your marriage—known as a post-nuptial agreement. However, a divorce court will review such an agreement carefully to make sure one party didn’t take advantage of another. Many couples sign a post-nuptial agreement when their marriage is rocky. If they get a divorce later, one party might claim they signed the agreement under duress in order to try and save the marriage. 

What if one of the provisions in my prenup isn’t allowed?

If you have a prenup and the judge finds only one of the many provisions is unlawful, then the rest of the prenup might still be enforceable. For example, let’s say you and your spouse included a provision saying the mother will get full custody of the kids. Provisions regarding child custody and child support aren’t allowed, and the judge will determine what is in the child’s best interest at the time of the divorce. But depending on the wording of the agreement, the rest might stand. 

Can I contest a prenup during a divorce?

Yes, either spouse can contest a prenup on several grounds. If you believe the prenup is unfair or unconscionable, then you can ask the court to deem it invalid. You also can contest the prenup if you found out your spouse was not honest about their finances when you entered into the agreement. 

When can a court throw out a prenup?

A prenup is a contract, which means in order for a court to accept it, it has to be valid under Massachusetts law. A prenup must be reasonable at the time it was signed and at the time of divorce. Both parties must have provided complete and accurate financial information, had access to legal counsel if they wanted it, been given time to consider and negotiate the terms, and not been coerced into signing it. If one party wasn’t allowed to have a lawyer or was coerced into signing the agreement, or if the financial information provided wasn’t complete or true, then it’s unenforceable.  

If you would like to discuss prenuptial agreements, don’t hesitate to call me at (617) 652-5748 or contact me through my online form.

We’ll discuss your particular situation – and then you can decide if a prenuptial agreement is right for you and your future spouse.