What is a prenuptial agreement?
Prenuptial agreements are contracts entered into between people planning to get married. The purpose of the agreement is to define for the couple what the disposition of their financial assets will be in the event of divorce or death. In order to be valid they must be executed prior to the wedding. Both parties should have legal counsel and there needs to be a full financial disclosure of all assets of the parties. The agreement will ordinarily be enforced if it is executed properly and there is no fraud or duress involved in its execution. There is case law that suggests that if a prenuptial agreement is signed immediately prior to the wedding that could be evidence of duress. The courts in Massachusetts have also ruled that if at the time the agreement is sought to be enforced, a "second look" would take place to make sure that the agreement is not unconscionable in light of the circumstances at the time you are seeking to enforce it.
What happens if I don't have one?
If you don't have a prenuptial agreement the laws of divorce of the state you reside in at the time of your death of divorce will apply to your situation if you divorce, and the laws of inheritance will apply if you die. If you are comfortable allowing the state laws to determine these things there is no need to sign a prenuptial agreement. Read more
Prenuptial agreements are contracts entered into between people planning to get married. The purpose of the agreement is to define for the couple what the disposition of their financial assets will be in the event of divorce or death. In order to be valid they must be executed prior to the wedding. Both parties should have legal counsel and there needs to be a full financial disclosure of all assets of the parties. The agreement will ordinarily be enforced if it is executed properly and there is no fraud or duress involved in its execution. There is case law that suggests that if a prenuptial agreement is signed immediately prior to the wedding that could be evidence of duress. The courts in Massachusetts have also ruled that if at the time the agreement is sought to be enforced, a "second look" would take place to make sure that the agreement is not unconscionable in light of the circumstances at the time you are seeking to enforce it.
What happens if I don't have one?
If you don't have a prenuptial agreement the laws of divorce of the state you reside in at the time of your death of divorce will apply to your situation if you divorce, and the laws of inheritance will apply if you die. If you are comfortable allowing the state laws to determine these things there is no need to sign a prenuptial agreement. Read more
