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Prenuptial agreements and separate assets

When any Massachusetts couple decides that they want to tie the knot, they have a decision to make regarding whether or not they want to negotiate a prenuptial agreement. For couples who are starting out with few assets and few debts, this step may be more of an option. For someone who has already obtained a large number of assets, this step may be vital for protection in the event a divorce occurs later on.

However, going to a family law attorney to negotiate a prenuptial agreement is not as easy as it may seem. For example, if the couple signs the agreement just before the wedding, the agreement may not be considered valid due to potential duress. Thus, any agreement made should be signed well before the wedding is scheduled to take place.

If one or both individuals were married previously and have children from those previous marriages, the prenuptial agreement can also be used to ensure that certain assets go to certain family members. Additionally, parents who wish to protect their child's inheritance in the event the child marries may place those assets in a trust.

No couple wants to think about the possibilities of a divorce before they have even walked down the isle. However, if one person has certain assets that were obtained prior to getting married, they may wish to protect themselves in the future by negotiating a prenuptial agreement. A family law attorney may assist with creating an inventory of all separate assets and negotiate an agreement on behalf of a client. It is important in every case to ensure that both parties have truthfully and fully disclosed their assets and liabilities.

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70 Washington Street, Suite 402
Salem, MA 01970

Phone: 978-744-7774
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