Premarital Agreements

Massachusetts Prenuptial Agreements – Clarifying Rights in Property

Prenuptial agreements or Prenups, as they are commonly referred to, are not only just for Hollywood couples and the elite.  Under Massachusetts law, a marriage license for straight and same sex couples recognizes more than an emotional commitment. In fact, a marriage license establishes each party’s financial rights and obligations in the event of a divorce, and a surviving spouse's property interest in a deceased spouse’s estate.  For some, defining each spouse's property rights prior to entering a marriage is preferred to leaving such determinations to a court at death or upon divorce.

Usual Scenarios for PreNup Agreements - Second Marriage, Protect Inheritance

Prenuptial agreements are commonly entered into by couples entering a second marriage, or by financially established individuals.  Sometimes, prenups are utilized when there is a large imbalance of equity between the parties, when there is a family business involved, or when a large inheritance is expected.

If you are engaged or are considering marriage, it is time to determine whether you need a prenup negotiated and drafted by an experienced Massachusetts prenuptial agreement attorney.

Typical Considerations for PreNups

• Will a premarital agreement protect my children’s inheritance?
• Can my spouse disinherit my children from a prior marriage or partnership?
• What will become of my interest in my business and my home, after I marry?
• Is alimony and child support covered by a premarital agreement?
• If both parties keep assets or property separately titled, is the separate property protected in the event of a divorce or death?
• Will my spouse have a claim to the inheritance that I expect to receive from parents/grandparents?
• Will I be entitled to spousal support or alimony?
• Can I get a post-nuptial agreement?

For a free consultation with an experienced Massachusetts prenup attorney, please contact us or call: 508.429.6000 ext. 13