When you are in love, you may think you will never need a prenuptial agreement, or prenup. That is until something difficult happens down the road and you are heading towards divorce. While divorce is not a guarantee, it is certainly a possibility that you should prepare for.
A divorce attorney knows that prenuptial agreements can serve as a safeguard against property division disputes, in the event a couple divorces. Under Massachusetts state law, these written contracts allow the parties to make lawful limitations on the equitable division of property that would otherwise apply during a divorce.
For many couples in Massachusetts, having a prenuptial agreement makes sense. It is clear that the rate of divorce in the nation is high and has been increasing. Drafting this instrument helps a couple through the divorce process, a process which has become more and more common.
There are many things to consider when it comes to entering a relationship. Marriage requires the same thought process, and several married couples in Massachusetts consider written instruments to help instill the decisions they made prior to or during the marriage. A prenuptial agreement and postnuptial agreement can help layout important factors and could end up to be a very crucial document in a divorce. Whether it is property division or the amount of spousal support an ex will receive, these agreements could help lower disputes during the dissolution of a marriage.
When Massachusetts's couples get married, they usually have a laundry list of things to consider, including whether to have a prenuptial agreement. Even though it is not an ideal topic to discuss, the reality is that divorce is an issue that should be noted. Whether a couple decides to have this discussion prior to marriage, during the marriage or when they decide to divorce, it is a common event to address. Drafting instruments such as a prenuptial agreement or a postnuptial agreement will help to avoid or reduce divorce legal issues and disputes.
When a divorce becomes contentious, it can sometimes mean being involved in a lengthy trial divorce. Depending on how quickly the issues can be resolved, a divorce by trial can be done without extravagant costs. However, if major issues cannot be resolved quickly, contentious trial divorces can oftentimes become expensive, potentially more-so when considering the potential loses an individual might face from an unwanted decision.
Dividing marital assets in a divorce can be a complex and emotional task. Dividing assets can be even more difficult when there are debts. Unfortunately before a court will finalize a divorce couples must address these issues. While many factors effect property division, the most important involve state laws. Massachusetts, for example, is an equitable distribution state. Another factor affecting property division is the presence of a prenuptial agreement.
Prenuptial agreements can help make the divorce process less contentious -- that is, if they are upheld by a court. These agreements are routinely upheld by judges in Massachusetts, but a woman in the middle of a divorce recently convinced a judge to find her prenuptial agreement invalid.
Prenuptial agreements are often hailed for protecting a person's assets from going to a spouse during a divorce. Professional baseball and football player Deion Sanders can attest for the strength of a prenuptial agreement. He has been going through a messy divorce with his wife, who he was married to for 14 years. Along with child support payments, their prenuptial agreement has been the primary source of disputes.