An antenuptial or prenuptial agreement, commonly called a prenup, is a legal contract entered into by a couple before they get married that outlines how assets, debts, and financial responsibilities will be handled during the marriage and in the event of divorce or death. While some couples may have a negative view of prenups, they can actually be a positive and even romantic step toward a lifelong commitment because they reflect honesty, trust, and a mutual commitment to protecting each other’s future. By openly discussing financial expectations and responsibilities, engaged couples can build a stronger foundation of transparency and cooperation, helping to prevent misunderstandings or conflicts later on.
Writing a prenuptial agreement without the assistance of an experienced attorney can be risky because the document may fail to comply with legal standards, omit important provisions, or unintentionally disadvantage one party. Complex issues like asset division, spousal support, and future inheritances require careful legal drafting to ensure the agreement is clear, enforceable, and tailored to the couple’s unique circumstances. Without proper legal guidance, couples risk having their prenup invalidated in court or facing costly disputes later on.
Furthermore, in Massachusetts, for a prenuptial agreement to be valid, it must be in writing and signed by both parties before the marriage takes place. The agreement must be entered into voluntarily, without any form of coercion or fraud, and both parties must provide a fair and reasonable disclosure of their assets and liabilities at the time of signing. Courts also require that the prenup be conscionable—that is, fair and not unconscionable—at the time it is enforced. If these requirements are not met, the agreement may be challenged or invalidated.
Our law firm can help engaged couples by providing expert legal and practical guidance in preparing a prenuptial agreement. We work closely with couples to understand their financial situation, goals, and concerns, ensuring full disclosure and fairness throughout the process. We draft clear, customized agreements that comply with Massachusetts law and protect your interests, offering peace of mind as you enter marriage.
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