Prenuptial Agreement Lawyer
Greater Boston Area
Reviewing the rights and obligations of a marriage
Under Massachusetts law, a marriage license for straight and same-sex couples recognizes more than an emotional commitment. In fact, a marriage license establishes each party’s financial rights and obligations in the event of a divorce, and a surviving spouse’s property interest in a deceased spouse’s estate.
For some, defining each spouse’s property rights prior to entering a marriage is preferred to leaving such determinations to a court at death or upon divorce.
When to have a PreNup Agreement
Prenuptial agreements are commonly entered into by:
- couples entering a second marriage;
- financially established individuals;
- when there is a large imbalance of equity between the parties;
- when there is a family business involved; or
- when a large inheritance is expected.
If you are engaged or are considering marriage, it is time to determine whether you need a prenup negotiated and drafted by an experienced Massachusetts prenuptial agreement attorney.
Typical Considerations for Prenups
- Will a premarital agreement protect my children’s inheritance?
- Can my spouse disinherit my children from a prior marriage or partnership?
- What will become of my interest in my business and my home, after I marry?
- Is alimony and child support covered by a premarital agreement?
- If both parties keep assets or property separately titled, is the separate property protected in the event of a divorce or death?
- Will my spouse have a claim to the inheritance that I expect to receive from parents/grandparents?
- Will I be entitled to spousal support or alimony?
- Can I get a post-nuptial agreement?