Prenuptial and Postnuptial Agreements
Prenuptial agreements (“prenups”) can be difficult to discuss with your partner. However, you should consider a prenup if marriage is on the horizon. A prenup is a contract between two people who intend to marry. It lets them protect assets, and potentially future income or inheritances, if they later divorce or one of them dies. A postnuptial agreement (“postnup”) works the same way, but the couple creates it after they marry. Talking through whether a prenup or postnup fits your situation can set reasonable expectations and reduce future conflict. If marriage is in your future, a prenuptial agreement should be, too.
Common Reasons for Pursuing a Prenuptial Agreement
How Prenuptial Agreements Protect You in the Event of a Divorce
Massachusetts law allows courts to divide all marital property in a divorce, regardless of when or how a spouse acquired it. Under M.G.L. c. 208, section 34, the court weighs seventeen factors when it divides property at divorce. Who brought the property into the marriage counts as just one of those factors. Courts generally give it very little weight, except in short-term marriages.
A prenuptial agreement changes this. It lets you carve out property and designate it as separate, so the court will not divide it at divorce. Without a prenup, all property likely goes into the marital pot for division, regardless of who brought it into the marriage or how they acquired it. Prenups also let you address future alimony and decide in advance how you will divide any jointly held assets.
How Prenuptial Agreements Protect you in the Event of Death
Under Massachusetts law, your spouse still receives a spousal share of your estate, even if you try to disinherit them in your will. If you die without a will, your entire estate passes to your spouse. A prenuptial agreement gives you the chance to address these outcomes before you marry, if they don’t reflect what you want.
Timeline for a Prenuptial Agreement
Draft and execute your prenuptial agreement well before your wedding. Our office advises signing at least three months in advance, if possible. Signing a prenup right before your wedding day can hurt its future enforceability, since your spouse could later argue “duress.” Both parties should have ample time to review and negotiate the prenup with counsel before the wedding, to maximize its chances of holding up later.
A well-drafted, thorough prenuptial agreement offers the best defense against a future divorce dispute. Even if you feel confident in your marriage, having a prenup and never needing it beats needing one and not having it, much like a car insurance policy. At Hera Law Group, we can advise you on your prenuptial agreement. Our experienced attorneys will work with you to craft a prenuptial or postnuptial agreement tailored to your needs and interests. If your spouse requests a prenup or postnup, we can help you understand the proposal and make sure you get a fair deal.
To discuss your prenuptial or postnuptial agreement further, call 978-637-2048 or email office@heralawgroup.com to schedule a free phone consultation.
Practice Areas 209C Actions in Family Court Alimony (Spousal Support) Appeals Child Custody Child Support Contempt Actions in Family Law Divorce Domestic Violence & Restraining Orders Estate Planning Modification Actions in Family Law Guardianships Guardian Ad Litem Investigations LGBTQ+ Representation Mediation & Collaborative Law Paternity Actions in Family Law Prenuptials & Postnuptials Probate Law
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At Hera Law, we understand that hiring an attorney is a big decision. Call us for a free initial 15 minute phone consultation.
978.637.2048 office@heralawgroup.com
At Hera Law, we understand that hiring an attorney is a big decision. We welcome you to call us for a free initial 15 minute phone consultation.
978.637.2048
office@heralawgroup.com
