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Massachusetts Prenuptial Agreement

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Prenuptial agreements are contracts that are entered into prior to marriage in order to protect assets that are brought into the marriage in the event of a divorce. The agreement can be as broad or as narrow as you want it to be. The agreement will be enforceable if it is properly drafted and consistent with Massachusetts laws.

Why would I need a Prenuptial Agreement?
If you don't have a prenuptial agreement, the laws of divorce of the state you reside in will apply to your situation if you get a divorce. Similarly, the laws of inheritance in the state you reside in will apply if you do not have a will or a trust. If you are uncomfortable in allowing the state to decide these very important issues, you should consider a prenuptial agreement, a will, trust, health care proxy, and a durable power of attorney.

Prenuptial agreements are created prior to marriage to address a variety of issues including but not limited to the following:

  • Separating out each parties assets, debts, and property rights before marriage
  • Protecting Children's Interest from previous marriages
  • Distribution of your estate based on your wishes upon death
  • Alimony
  • Child Support
  • Health Insurance, and
  • Life Insurance
Prenuptial Agreement Video


It is very important to provide full financial disclosure at the time of drafting the prenuptial agreement. The agreement must take into account future children born of the marriage in order to increase the likelihood that the agreement will be enforceable in the future.

The courts have broad discretion in awarding alimony and dividing property in Mass divorce cases. While the courts can consider assets that were obtained during the marriage, the court may not necessarily exempt assets that are brought into the marriage from division at the time of divorce. In other words, it is very important to have a well drafted prenuptial agreement that is consistent with Massachusetts laws at the time of execution and at the time of divorce to ensure that the agreement will likely to be enforceable.

To learn more about obtaining a prenuptial agreement, please visit us at MA Prenuptial Agreement .

Our Boston lawyers and attorneys are experienced in all areas of prenuptial agreements. Call attorney Robyn A. Briatico at 617-387-6800 to schedule your free 20 minute phone consult.


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