Here are some common questions you might have around prenuptial and postnuptial agreements.
What is a Prenuptial Agreement?
A prenuptial agreement, also known as a “Prenup,” or “Ante Nuptial Agreement,” is a contract signed before marriage that outlines how assets, property, and debts are divided in the event of a divorce.
What are the Reasons to Obtain Prenuptial Agreement?
A prenuptial agreement helps protect assets and reduces stress and costs in the event of a divorce. The Prenuptial agreement can protect:
- Real Estate and personal property owned before the marriage
- An inheritance
- Protect the interests of a family-owned business
- Protect Real Estate owned before the marriage in a foreign country
- Debt accumulated prior to marriage
- Determine spousal (“alimony”) support
- Peace of mind and reduction of stress and costs in the event of a divorce
What Terms Are Not Enforceable in a Prenuptial Agreement?
Child custody and child support are not enforceable terms in a prenuptial agreement. These terms may be agreed upon in the event of a divorce, but will be null and void in a prenuptial agreement.
Who Should Obtain a Prenuptial Agreement?
Often, people hesitate to obtain a prenuptial agreement for fear their partner will think them “unromantic,” or “untrusting.” A prenuptial agreement is not a document that predicts the end of a marriage. The agreement is not filed with the court and can be changed at any time. The document does not become enforceable unless the couple obtains a divorce. A person who may wish to obtain a prenuptial agreement may be someone:
- entering a second marriage, which wants to protect assets awarded in the divorce
- Who wants to protect an inheritance already received or one that is in future
- Who wants to protect family real estate or other real estate obtained prior to the marriage
- Who wants to protect a closely held or family business interest
Why Should a Prenuptial Agreement Be Drafted By An Attorney?
Prenuptial agreements are the most litigated documents in a divorce. There are strict requirements that the court will look for to determine if the agreement is enforceable.
Some of the requirements that the court will look for are:
- How close the document was executed to the marriage
- Did the couple fully disclose all their financial assets at the time of execution
- Were the terms fair and reasonable at the time of drafting and are they fair and reasonable at present
- Did both parties have the opportunity to consult with a Lawyer
- Was the agreement drafted freely and voluntarily
Boilerplate templates found online are just templates. They do not provide legal advice. There is a higher likelihood that these documents will be rejected by the court for having imbalanced terms, or not having the proper financial disclosure.
Why Choose Fleischer Law Solutions to Draft My Prenuptial Agreement?
We at Fleischer Law Solutions can:
- Draft an agreement with fair and reasonable terms in compliance with the law
- Review existing agreements and provide legal advice as to opinion enforceability
- Work with counsel on the other side to draft a fair and equitable agreement for our client
What is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenup but is signed after the couple is married. Postnuptial agreements have the same terms as a prenuptial agreement with one significant difference – postnuptial Agreements are held to a higher and stricter legal standard.
Why Obtain a Postnuptial Agreement?
Many couples are choosing to draft a postnuptial agreement when they are drafting their estate plan. Couples often turn to these agreements when financial circumstances change.
For example, one spouse may receive an inheritance, a business may grow significantly, or a couple may simply want a clearer financial plan moving forward. There are times when a marriage hits difficult times, and spouses wish to continue the marriage, but they want the security and transparency of a postnuptial.
Why Should I Hire a Family Law Attorney to Draft My Postnuptial Agreement?
Divorce litigation is one of the most complicated areas of law due to the interplay of property, finance, and custody laws. A postnuptial agreement has strict requirements that require the skill of a practitioner who has experience in the probate court and is current with the ever-evolving probate case law.
We at Fleischer Law Solutions have over a decade of experience drafting documents and representing clients in divorce as well as other family law matters.
Trust Fleischer Law Solutions to:
- Draft your document so that it is fair and reasonable and complies with Massachusetts requirements
- Review an existing document
- Work with opposing counsel on the other side to draft a fair, reasonable, and enforceable document for our client.
Contact Fleischer Law Solutions for a consultation today.