NEW POST-NUPTIAL AGREEMENTS IN MASSACHUSETTS

 

As Boston Divorce Lawyers, our Boston Post-Nuptial Attorneys are fully aware that in the past, if you failed to sign a Pre-Nuptial Agreement in Massachusetts, you were at a great disadvantage in trying to protect separate assets you received prior to the marriage, whether through gift, inheritance, or hard work, in the event of a later divorce.  

 

All that changed in 2010 when the Massachusetts Supreme Judicial Court held in the case of Asin v. Craven-Asin that post-nuptial agreements between married couples are valid contracts and are not contrary to public policy. To fully understand these changes and how it might affect you, please contact  an experienced Boston Family Law Firm.

 

Post-Nuptial Agreements make arrangements for the division of assets and the payment or waiver of alimony in the event of a subsequent divorce.  The marital relationship no longer prevents the parties from entering into a contract with each other to provide for future needs in the event of a divorce.

 

In cases where a couple begins to suspect a deterioration in the relationship, but is not at the point of divorcing, a post-nuptial agreement is well worth consideration.  By making arrangements for financial concerns, it may free couples to work on underlying emotional issues and strengthen their marriages.    Additionally, by entering into a post-nuptial agreement early, you may be able to think more clearly, and avoid the future stress of making many of the same decisions when emotions are high and more negative.

 

The terms of enforceability of post-nuptial agreements include:

 

1.  Each party has had an opportunity to obtain separate legal counsel of his or her choice;

2.  There was no fraud or coercion in obtaining the agreement;

3.  All assets were fully disclosed by both parties before the agreement was executed;

4.  Each party knowingly waives the right to an equitable division of assets and marital rights by the court;

5.  The terms of the agreement are fair and reasonable at the time of execution and at the time of divorce.

 

Thus, the court still reserves the right to review your agreement, but has granted married couples much greater power to help determine the terms in advance.

 

An experienced Boston Post-Nuptial Attorney Muriel Fudala, , has been serving clients in the Greater Boston Area in all aspects of family law for nearly 30 years. She keeps up to date on new developments in the law, and has the skill, knowledge, and experience to assist you with your needs, whether for a Pre-Nuptial, Post-Nuptial, or Separation Agreement.  She practices primarily in the counties of Middlesex, Essex, Norfolk, and Suffolk.