Falling in love and getting married to your sweetheart can be an incredible experience. However, even though you may not have the intention of the marriage ever ending, it’s important to understand that anything can happen. According to the most recent report by the CDC/NCHS National Vital Statistics System, Massachusetts had a divorce rate of 1.0 per 1,000 inhabitants in 2021. No matter what, you should be prepared. Prenuptial and postnuptial agreements can both create a safety net for married couples to outline responsibilities, define expectations, achieve financial security, and protect their assets in the event of a marital breakdown.

If you’re already married and want to know how postnuptial agreements work, consulting with a seasoned Massachusetts family law mediator is imperative for detailed guidance. At Solutions Through Mediation, I have the diligence and resources to advise and guide clients in family law-related matters. As your Mediator, I can enlighten you about the benefits of having a postnup, how it works, and what the agreement can cover. In addition, I will help draft your postnuptial agreement and create it with the goal that it is valid and enforceable.

My firm — Solutions Through Mediation — is proud to serve clients throughout Worcester, Massachusetts, and throughout the Commonwealth.

Understanding Postnuptial Agreements

A postnuptial agreement – also referred to as “postnup” – is a marital agreement that is entered into by the spouses after getting married. Unlike a prenuptial agreement (prenup), which is created by engaged couples before getting married, a postnup is often established between couples who are married and wish to address immediate financial or future concerns.

Reasons to Consider a Postnuptial Agreement

There are many reasons to create a postnuptial agreement, including (but not limited to) the following:

• It replaces a prenuptial agreement in case there is not sufficient time to create one prior to the marriage.
• It outlines the financial obligations and responsibilities of each party during the marriage.
• It helps protect the family business and other business partners.
• It allows you to make provisions for children from previous marriages or relationships.
• The postnuptial agreement will consider changes in assets and income.
• It allows couples to make adequate plans for changes in financial circumstances.
• It allows couples to outline how they’ll resolve their marital issues rather than turning to divorce.
• It determines asset division during a divorce.
• It helps protect the estate plans which may already be in place.
• It allows you to exclude some assets and personal belongings from your marital estate.
• It allows married couples to have an honest and open conversation about the things that matter the most to them, thereby strengthening communication and trust between spouses.
• It allows couples to achieve clarity in their marriage, financial security, and peace of mind.

Generally, postnuptial agreements focus on matters that arise during the marriage. By creating a postnup, you can make more informed decisions about how you’d like to address various marital and divorce issues. However, it is important that the agreement is valid, legal, and enforceable.

Validity and Enforceability in Massachusetts

Here are some legal requirements to create a valid postnup in the Commonwealth of Massachusetts:

• Both spouses must have the opportunity to consult with independent legal counsel if they choose to do so.
• The agreement must be free from coercion or fraud.
• Each spouse must ensure the full disclosure of their assets.
• Each party must knowingly and explicitly agree in writing to the terms of the Agreement.
• The agreement must be fair and reasonable at the time it is written and signed and at the time it is being enforced.

Essentially, the postnuptial agreements may be rendered invalid and unenforceable if it doesn’t meet the aforementioned requirements. An experienced mediator can guide you through the procedures involved in creating a postnup that is valid, legally-binding, and enforceable.

The Role of a Mediator in Postnuptial Agreements

Discussing the topic of postnuptial agreements with your spouse can be quite sensitive. This is why working with an experienced mediator is crucial to help facilitate the discussion. The mediator can:

• help address issues of power imbalances;
• work for fair and equitable negotiations;
• help couples achieve a fair resolution through ADR methods;
• allow transparency and full disclosure of assets and finances; and,
• create a space for a focused and productive conversation.

With the assistance of Attorney Marcia Tannenbaum, a couple can settle their differences amicably and achieve an agreeable resolution when creating their postnuptial agreement.

How Legal Counsel Can Help

Establishing a postnuptial agreement allows married couples to outline responsibilities and protect assets and money in the event of a divorce. However, discussing postnups with your partner can be quite delicate, and creating the agreement can be complicated. Therefore, work with an experienced family law mediator for detailed guidance and to protect your best interests.

At Solutions Through Mediation, I’m poised and ready to support and guide married couples through the complicated procedures involved in drafting postnuptial agreements. As your Mediator, I can work to understand your personal situation and help create an agreement that best fits your unique needs. Above all, I will provide a non-adversarial environment for the spouses to address concerns and strive for a successful postnuptial agreement negotiation.