Five Components Of An Enforceable Marital Agreement

Executing pre- and postnuptial agreements can be imperative to protect yourself financially in the event of a divorce. Unfortunately, a pre- or postnuptial agreement may not necessarily enforced in a divorce.

In Massachusetts, pre- and postnuptial agreements are only enforceable if judges believe that the terms were fair and reasonable at the time of their execution and at the time of divorce. Some of the factors that the court reviews are:

  • Providing opportunity for legal counsel - We ensure that each party has the opportunity to consult with an attorney prior to executing the agreement.
  • Confirming parties are signing under will- We confirm that each party is signing under their own will without being coerced or threatened.
  • Assuring there has been complete financial disclosure - Our lawyers conduct due diligence to confirm there has been fair and full disclosure of each party's assets, debts and income.
  • Providing sufficient time to review and understand the terms - We give each party ample time to review the agreement's terms and seek clarification.
  • Drafting fair terms in relation to the circumstances - We craft language that meets the needs of both parties and does not put either person at an unfair advantage that could be contested.

Protect Your Rights And Hire A Seasoned Lawyer

Our experienced family law lawyers can draft enforceable marital agreements and challenge agreements that are unfair and unreasonable.

Get answers to your questions today and schedule a case assessment at our Salem office by calling 978-744-7774 or sending us a message online.