http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html 2010-02-28T10:30:19.729-05:00 http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_alimony_or_spousal_support_ 2010-02-28T10:30:19.729-05:00 Answer: Yes. However, the Massachusetts courts will ignore your alimony or spousal support waivers in prenuptial agreements if they determine the agreement to be unfair to the spouse when the agreement was first signed or at the time of divorce. Your prenuptial agreement can be totally one sided and even if you get your fiancee to sign away her rights, the Massachusetts courts have the last say as to whether to honor the prenuptial agreement or not.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_is_the_best_way_for_me_to_ 2010-02-28T10:17:17.569-05:00 Answer: A Massachusetts prenuptial agreement allows spouses to provide some level of protection to children of prior marriages by allowing each spouse to specify what happens to their property in the event of a divorce or death. Without the prenuptial agreement, there are scenarios in which the surviving spouse could gain control of most if not all assets leaving very little for your children of your prior marriage. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_happens_to_my_Massachusett 2010-02-28T10:08:10.100-05:00 Answer: If you don't have a prenuptial agreement, Massachusetts state law will determine what happens to the property you acquired before and during the marriage, as well as at the time of divorce or death. While there is a good chance that you will be allowed to keep the property you brought into the marriage, the judge has discretion as to how your assets are to be divided based on the specifics of your case in the event of a divorce.<br /> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_a_prenuptial_agreement_prot 2010-02-28T10:06:08.355-05:00 <span style="font-size:15px; ">Answer:</span> <span style="font:14px Arial, Verdana, Helvetica, sans-serif; ">If you receive an inheritance or gift prior to or during the marriage, the prenuptial agreement can be drafted so that any gift, inheritance, as well as any income from the growth of those assets remain a family asset with the spouse having no claim to it.</span> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_is_a_Massachusetts_prenupt 2010-02-27T11:01:32.681-05:00 Answer: In its most basic form, a prenuptial agreement (also known as premarital or ante-nuptial agreement) is a contract between two parties prior to marriage that specifies how property, debt, and assets are to be divided in the event of divorce, death, or separation. Prenuptial agreements can be as simple or as broad as you want it to be depending on your financial situation and whether or not you have children. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_types_of_provisions_or_ite 2010-02-27T10:55:32.420-05:00 Answer: Prenuptial agreements include all types of financial,property, and personal assets. You can include your home, vacation home, land, cars, motorcycles, boats, your business, your valuable art collection, retirement benefits, stock options, or for that matter anything you want to include so long as its consistent with Massachusetts laws and the agreement is fair. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Do_I_need_to_hire_an_attorney_i 2010-02-27T10:24:03.566-05:00 Answer: While your not required to hire an attorney to draft a prenuptial agreement, we advise all of our prospective clients to hire not one but two attorneys to strengthen the agreement so it can with stand a future contested challenge. While there are plenty cookie cutter prenuptial agreement legal documents in books and the internet, it's questionable whether many of these do it your self prenuptial agreement documents would be validated in a court of law if it were contested. To improve the likelihood that your prenuptial agreement will stand the test of time and be validated if challenged, we recommend that you hire two Massachusetts family law or prenuptial attorneys to draft your prenuptial agreement. Massachusetts's laws do change so its important to hire local attorneys that can draft a prenuptial agreement that is consistent with the laws of the Commonwealth of Massachusetts. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Who_needs_a_Massachusetts_prenu 2010-02-27T10:20:44.933-05:00 Answer: Anyone living in Massachusetts looking to protect their premarital assets, house, retirement plan, anticipate inheritances, children's inheritance, business, etc. should consider a prenuptial agreement. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Are_prenuptial_agreements_enfor 2010-02-27T03:14:08.947-05:00 Answer: In general, prenuptial agreements are enforceable in Massachusetts as long as each party provides full financial disclosure to the other and both parties are represented by an attorney. The provisions in the agreement are consistent with Massachusetts laws, and the agreement is fair at the time of drafting and at the time of divorce. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_are_the_consequences_of_no 2010-02-27T02:43:25.760-05:00 Answer: If you decide to not have a prenuptial agreement, you run the risk of having the state decide how your estate is distributed in a divorce and inheritance if you die. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_prenuptial_agreements_be_co 2010-02-27T02:37:43.903-05:00 Answer: Yes. As with any agreement, a Prenuptial Agreement can be challenged (contested, invalidated,terminated) in Massachusetts. The court will look at whether there was full financial disclosure at the time of drafting, whether the agreement was fair and reasonable at the time of drafting and whether the agreement is fair and reasonable at the time of divorce. The court may also consider whether both parties were represented by an attorney and the time that elapsed from the signing of the prenup agreement and the date of marriage. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Why_do_I_need_a_Prenuptial_Agre 2010-02-27T02:28:35.737-05:00 <span style="font-size:14px; ">Answer: </span><span style="font:14px Arial, Verdana, Helvetica, sans-serif; ">While it is true that many rich successful people in business, entertainment, and professional sports hire attorneys to draft prenuptial agreements, not all do so for the sole purpose of protecting their own wealth. A properly drafted Prenuptial Agreement can provide many other benefits to you and your spouse and family including the safeguard of assets and property brought into the marriage, inheritance, trusts, and the protection of your children's inheritance from prior marriages, to name a few. </span> FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#What_is_the_cost_of_a_prenuptia 2010-02-27T02:20:42.432-05:00 Answer: The cost will largely depend on how much time your attorney or lawyer takes to draft and negotiate the agreement. For simple estates, the fees could be as little as $750. For more complex cases involving high net worth families or individuals with businesses, the cost could be several thousand dollars especially if we have to work with accountants and business valuation appraisers to obtain a financial accounting of your estate. It is imperative that we provide full financial disclosure to improve the likelihood that our prenuptial agreement will be validated if contested in a court of law. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Is_the_prenuptial_agreement_rev 2010-02-27T02:17:02.301-05:00 Answer: Yes. Our Massachusetts Prenuptial Agreements aren't cast in stone so we can work with you and your spouse to modify the agreement or cancel it altogether as long as both of you agree to the changes. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_the_terms_of_a_prenuptial_a 2010-02-27T02:11:25.349-05:00 Answer: Yes. The terms of a prenuptial agreement that we draft can be changed or modified at a later date as long as both parties (couples) agree to the changes. We will prepare an addendum to the original prenuptial agreement to reflect the new changes. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Does_my_fiance_need_her_own_Law 2010-02-27T02:06:25.076-05:00 Answer: Yes. Both sides should have independent legal advice from their respective lawyers in order to improve the likelihood that the prenuptial agreement will be enforced and validated. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_my_fiance_and_I_hire_the_sa 2010-02-27T01:52:53.095-05:00 Answer: We recommend that each party have their own lawyer or attorney to improve the enforceability of the Prenuptial Agreement. If both of you decide to use the same lawyer, you run the risk of having your prenuptial agreement , if contested, invalidated by the court. Your spouse can claim she was under duress, misinformed, and misled into believing that a second attorney wasn't needed in the drafting of the prenuptial agreement. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_a_prenuptial_agreement_help 2010-02-27T01:48:01.965-05:00 Answer: Yes. If you own any type of property including a house or vacation home, a well drafted and enforceable prenuptial agreement can help to protect it in the event of a divorce. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_a_prenuptial_agreement_affe 2010-02-27T01:45:41.650-05:00 Answer: Generally speaking, Prenuptial agreements do not deal with child support or child custody as judges have the final say as to custody and your child support obligations. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#Can_a_prenuptial_agreement_cove 2010-02-27T01:39:06.921-05:00 Answer: You can have provisions in the Massachusetts prenuptial agreement to address alimony. But remember, the courts will scrutinize the prenuptial the day it was drafted and the day it was contested to determine if it is fair and reasonable. If the courts determine that the alimony provision of the prenup is unfair, they have the right to invalidate the provision waiving alimony. FaqMaker http://www.bostondivorcelawyer.com/MA Frequently Asked Questions/Massachusetts Prenuptial Agreement FAQ.html#If_you_lose_your_job_can_the_Ma 2010-01-18T21:46:30.984-05:00 Answer: Massachusetts's courts rely on the child support guideline when determining the amount of child support and the judge has discretion to determine the amount of support each parent must provide to their children. If your prenuptial agreement contains a provision that pre-determines the child support amount, the courts are likely to throw out the provisions if the amount is less than what the children would be entitled to pursuant to the child support guidelines. As a result, we don't include any child support provisions in our prenuptial agreement unless you want to provide financial support to your children above the child support guidelines.<br /> FaqMaker