When creating a prenup, you should aim for two objectives: a fair trial and a fair trial. While the courts may have different views on what is and what is not, the process by which the prenup is negotiated and the terms of the agreement are generally the same in all 50 states. It is important to consider any future effects if you make your assets and financial future vulnerable in order to avoid this conversation with your partner. Moreover, the willingness to compromise is a great predictor of a healthy marriage. In a difficult situation, it is essential to find common ground and create a conjugal agreement with which you will both feel comfortable. But most importantly, be sure that all conversations about a prenup are based on love, patience and knowledge. If you discuss a Massachusetts wedding with kindness and maturity, it will be much easier for your partner to see where you come from. A marriage agreement, or “prenup,” is a written contract that is made before a couple gets married, usually when they are engaged. This agreement defines the financial and property rights of each spouse if the marriage ends in separation, including death or divorce.
In short, a marriage contract in Massachusetts can be a useful tool for engaged couples who want to create a clear understanding of their finances and assets. If you are considering a marriage deal in Massachusetts, call Mavrides Law at 617.723.9900 or email us at firstname.lastname@example.org. Couples can use marital agreements to work together to develop concrete financial plans and decide how to invest, save or spend their money. This 5-point list is just one example of the concrete decisions you can put into a marital agreement: “The goal should be to have a reasonable, fair and enforceable agreement for both parties,” wallack says. To discuss a marriage deal with a lawyer, contact Mavrides Law in Boston, MA. To agree on a thorough preliminary consultation, call 617-723-9900 or contact the company at email@example.com Many marriage contracts contain the “punitive clauses” mentioned above to prevent one of the parties from challenging the application of the agreement, as both parties would have to enter into a conjugal agreement with the intention that the agreement would be applied at the time of the divorce. Therefore, the decision to challenge a marriage deal should not be taken hastily! An agreement is not maintained if a party would leave without support, welfare or proper employment to support itself. A court will consider a prenupation unacceptable if, for example, a party had nothing but a rodent-infested house that would require decisive repairs worth $300.00 for a salary of $300 per week, while his spouse with a successful business and a $1.7 million house is leaving (see Kelcourse v. Kelse 87 Mass. App. Ct. 33 (2015)).
In deciding whether to challenge a marriage agreement in Massachusetts, you should analyze whether you were able to make a knowledge waiver of your rights at the time of signing the marriage agreement. A first factor in this analysis is whether, at the time of signing, you were represented by an independent advisor who was able to inform you of the rights you waived by signing the marriage agreement. Other factors include whether each party had sufficient time to verify the agreement, whether or not each party understood the terms of the agreement and its effects, and whether the parties understood their rights in the absence of the agreement. These rights could involve waiving your right to equitable division of property and food/marital aid, as required by the terms of the agreement. A marriage contract cannot be applicable if, at the time of a party`s performance, the agreement essentially deprives “essentially all marital interests”, so that the terms of the agreement essentially challenged the “highly respected status of marriage”. Timing is everything.