The two most common reasons that people may want a prenuptial agreement are:

• They have been married before and have acquired assets that they want to leave to their children; or
• One party entering the marriage has acquired considerable wealth either by work or inheritance and wants to protect that wealth in case the marriage doesn’t work out.

Prenuptial agreements should be drafted, negotiated, and signed well before the wedding, both to avoid stress on the parties, and to avoid later claims of duress. The parties cannot bargain away the rights of their children. Therefore, the prenuptial agreement is limited to the division of assets and alimony. In Massachusetts, upon a divorce, the court can review a prenuptial agreement for fairness both at the time it was made and at the time of the divorce. Consequently, a prenuptial agreement, especially where there are children born of the marriage, is not ironclad.