Wellesley Prenup Lawyer
When a person gets married, they don’t plan on getting divorced. Yet life has its ups and downs, and even an incredibly loving marriage can ultimately end in divorce. A prenuptial agreement can help to protect both parties during a divorce.
In Massachusetts, antenuptial agreements (prenups) must be reasonable and fair at the time that the parties signed the contract and when the parties need to use it at the time of divorce. A prenup agreement can cover important issues like asset division and alimony – but cannot address child support. An experienced Wellesley prenup lawyer can work with you to draft a prenuptial agreement that is valid and enforceable.
At Infinity Law Group, we represent individuals and families in a range of family law matters, including divorce, child custody and support, and property division. We offer skilled, compassionate representation, working hard to help our clients achieve the best possible outcome. Reach out to schedule a free consultation with a member of our legal team.
Are Prenuptial Agreements Valid in Massachusetts?
In Massachusetts, a prenup is also referred to as an antenuptial agreement. It can cover a range of issues, including:
- Division of property
- How debts will be handled
- Insurance issues
- Inheritances from family members
- How children from prior relationships will be treated (financially)
There are many benefits to prenuptial agreements, including the possibility of reducing costly litigation in the event of a divorce. There is a common misconception that prenups are only for wealthy people, or that they are not romantic. While it is true that prenups are more practical than romantic, they make sense for many couples – even those with modest levels of wealth and assets.
Prenuptial agreements must meet certain criteria to be considered valid under Massachusetts law. As an initial matter, the prenup must be written. It also must contain a schedule of property as part of a full financial disclosure. It cannot contain provisions that seek to limit or waive child support. Finally, it must be reasonable and fair at the time that it was signed and at the judgment of divorce.
A Wellesley prenup lawyer can work with you to understand your financial situation and your goals for this type of contract. They can then draft an agreement that is valid under Massachusetts law and that will protect your financial interests if you do ultimately get divorced.
Can Prenuptial Agreements Be Contested?
It is possible for one spouse to contest a prenup during a divorce. A judge will first look to determine whether the agreement was reasonable and fair at the time that it was signed. There are a number of factors that go into this evaluation, including whether either party was coerced or threatened, whether they each had a chance to consult with a lawyer, whether there was ample time for both parties to meaningfully negotiate, and whether both parties completely and truthfully disclosed all of their assets and liabilities.
The judge will also examine the document itself for any invalid provisions, such as an attempt to limit or waive child support. Any illegal provisions may result in the prenuptial agreement being invalidated in whole or in part.
Next, the judge will take what is known as a “second look” at the prenuptial agreement to make sure that it will be reasonable and fair to both parties if applied during the divorce. This analysis will consider whether enforcing the prenuptial agreement will leave one party “without sufficient property, maintenance, or appropriate employment” to support themselves. If the court finds that the agreement is unconscionable, then the prenup may be invalidated.
While prenups can be challenged, the odds of it being successful are much lower when the agreement was drafted and reviewed by two different Wellesley prenup attorneys. Remember: prenuptial agreements are legal contracts and must comply with Massachusetts law. If you want your prenuptial agreement to be enforceable, your best option is to work with experienced legal counsel.
How Infinity Law Group Can Help
A prenuptial agreement is the best way to protect your interests in a divorce. A valid agreement can govern most financial aspects of a divorce, including your ownership of a business or professional practice. If the agreement is reasonable and fair to both parties, then it will likely be enforced.
At Infinity Law Group, we represent individuals and families in all types of family law matters, including prenuptial agreements. We understand how important these issues are to our clients, which is why we work diligently to understand and meet our client’s needs. To learn more or to schedule a free consultation with a Wellesley prenup lawyer, give us a call at 617-250-8236 or fill out our online contact form.
Why Should I Hire a Lawyer Instead of Using a Prenup Template?
While you are not required to use an attorney for a prenup, going with a prenup template or online prenup services may backfire on you if the agreement is invalidated. In other words, you might save some money upfront – but then end up paying even more in the long run if the agreement is invalidated. A Wellesley prenup lawyer can draft a contract that meets your unique needs and will ensure that the agreement complies with Massachusetts law.
If you’re interested in a prenup, we can help. Give Infinity Law Group a call to schedule a no-cost, no-obligation consultation with an experienced Massachusetts prenuptial agreement attorney.
Can a Prenup Affect Inheritance Rights?
Yes. This question often arises with second marriages, when one or both spouses have children from a previous relationship. With a carefully drafted prenuptial agreement, you can ensure that your estate goes to your children rather than your spouse. A valid prenup can effectively trump Massachusetts law that would otherwise allow a surviving spouse to inherit a part of their spouse’s estate.
This type of protection is just one reason why it often makes sense to have a prenuptial agreement. A Wellesley prenup attorney can help you draft a prenup that covers your specific situation. Call Infinity Law Group today to schedule a free consultation.