Getting married to your sweetheart is a beautiful experience, which is only the beginning of a life together which requires dedication and commitment. Before tying the knot, you can protect your assets, inheritance, and finances or define other expectations by establishing a premarital agreement. In the event of a marital breakdown—or the death of one spouse—having a prenup can help settle financial matters and specify each person’s property rights.

If you’re already engaged to your partner and need proper guidance drafting a premarital or postnuptial agreement, consulting with an experienced Massachusetts family law attorney is crucial. At Solutions Through Mediation, I’m ready to advise and guide clients in family law and marital agreement-related matters. I’m available to discuss your unique circumstances, enlighten you about the benefits of a prenup, and help you draft a valid prenuptial agreement.

My firm—Solutions Through Mediation—is proud to serve individuals and couples in Worcester County and throughout the Commonwealth of Massachusetts.

Prenuptial Agreements in Massachusetts

A prenuptial agreement, also referred to as a prenup or premarital agreement, can be described as a written marital agreement entered into by unmarried couples before they get married. Establishing a premarital agreement allows unmarried couples to protect their assets, inheritance, children, and finances, define the expectations and responsibilities of both parties during the marriage, and ultimately achieve peace of mind if their marriage ends by divorce or death.

What Can Prenuptial Agreements Do?

A premarital agreement can help you and your soon-to-be wife or husband achieve the following:

• Determine asset distribution if the marriage ends in a divorce.
• Set forth each spouse’s duties, expectations, and responsibilities.
• Provide adequate protection for your estate plans.
• Define how you and your spouse will manage finances, household bills, and living expenses.
• Make suitable provisions for minor children from previous relationships.
• Protect family businesses, inheritance, and assets.
• Protect either spouse against possible liabilities or debts that the other party incurs.

What Don’t They Cover?

While a prenuptial agreement can do many things, it may not cover the following:

• Premarital debts of either party
• Relinquishing of alimony rights
• Divorce matters such as child custody, support, and parenting time
• Provisions about any matter that is illegal or against public policy

A Massachusetts prenuptial agreement attorney-mediator can help you assess your individual needs and enlighten you about how a prenup benefits both parties and how to modify the agreement if necessary.

Can Prenups Be Modified?

Yes, it is possible to modify a premarital agreement. In order to “re-up the prenup,” your mediator can draft an addendum to the original or existing premarital agreement. You can add the adjustments to the original agreement, and the new terms or provisions will reflect it. It’s important to ensure that the new marital contract is accurately documented, signed, and witnessed as required by the jurisdiction in which you live at the time of your marriage.

Who Should Get One?

A premarital agreement – a prenup – can help simplify the asset distribution process and help couples achieve clarity and peace of mind in the event of a divorce.

Prenups and postnups are not just for individuals who have extensive financial assets or debt. Rather, writing a pre-nup with a mediator licensed to practice law in your state, gives you both the opportunity to share your concerns about what might happen if your marriage ends in Divorce. Whether you have small or huge assets or a business, you and your soon-to-be spouse can benefit from establishing a marital agreement. Taking this process out of the adversarial arena and placing it into a collaborative model, you and your partner with the assistance of your Mediator, can help you enter your marriage with a clearer picture of your expectations mutual expectations and your enriched understanding of each other.

Ensuring It’s Enforceable

It is not enough to create a prenuptial agreement with your fiancé(e). You also need to ensure that the prenup is enforceable. For a prenup to be valid and enforceable in the Commonwealth of Massachusetts, it must meet the following requirements:

• The agreement must be in writing.
• It must be fair and reasonable when it was signed prior to their marriage.
• It must be fair and reasonable at the time of divorce or enforcement.
• The couples must provide full and fair disclosure of all their assets, liabilities, and financial information.
• It must be signed voluntarily, without threats, duress, or cohesion.
• It must be drafted and executed prior to the marriage.
• Parties may wish to have independent legal advice to review their Pre-nup, but the Courts will uphold the documents if it meets the above requirements.
• In addition, both parties should have sufficient time to review and negotiate the terms of the marital agreement. An experienced attorney-mediator can help the parties negotiate ensure that the prenuptial agreement is legally-binding, enforceable, and valid.

Work With a Knowledgeable Family Law Attorney

According to statistics from the American Psychological Association (APA), only about 5% of first marriages that end in divorce have a prenup in place to resolve the divorce proceedings. Establishing a martial agreement can give you and your fiancé(e) the financial security and peace of mind you deserve in your marriage. A knowledgeable family law attorney – mediator can walk you through the legal steps involved in creating a prenuptial agreement and help you make informed decisions.

At Solutions Through Mediation, I’m dedicated to guiding individuals and couples through the complexities of marital agreements. As your Mediator, I can explore your available options and help you understand the benefits and limitations of prenuptial agreements.