A prenuptial agreement (also known as premarital or ante-nuptial agreement) is a contract between two people 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.
The benefits of a prenuptial agreement can provide a safeguard of assets and property brought into the marriage and the proper handling of inheritances and trusts.
A prenuptial agreement also 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 children of a prior marriage.
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.
We are experienced in the multiple ways in which prenuptial agreements can be arranged to meet the needs of each person.
Post Nuptial/Marital Agreements
A post nuptial agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple’s affairs and assets in the event of a separation or divorce. Similar to the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. The reasons to obtain a post nuptial agreement are the same as the reasons for obtaining a prenuptial agreement. Post nuptial agreements are enforceable in Massachusetts if the contract is valid.
We negotiate post nuptial agreements to make sure that they are valid and appropriate for each situation.
Contact the Law Offices of Lisa J. Graff for a confidential consultation. We’re located in Sudbury, Metro West Boston, Massachusetts and service the following counties: Middlesex, Worcester, Norfolk, Suffolk, Essex, Plymouth and Bristol Counties.