Enforcing a Prenuptial or Postnuptial Agreement
Five Components Of An Enforceable Marital Agreement
Executing prenuptial and postnuptial agreements can be imperative to protect yourself financially in the event of a divorce. Unfortunately, a prenuptial or postnuptial agreement may not be enforceable in a divorce. In Massachusetts, prenuptial 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.
Five factors that the court considers to determine if the agreement is enforceable are:
1. Providing opportunity for legal counsel
2. Confirming parties are signing under will
3. Assuring there has been complete financial disclosure
4. Providing sufficient time to review and understand the terms
5. Drafting fair terms in relation to the circumstances
At Koiles Pratt Family Law Group, we understand the factors that are evaluated to enforce a prenuptial or postnuptial agreement in the case of the marriage dissolving. As a family law firm with extensive experience in all matters of family law, we are thorough and diligent in doing the following as part of our practice when working with you to develop a prenuptial or postnuptial agreement. Specifically:
1. Providing opportunity for legal counsel: We ensure that each party has the opportunity to consult with an attorney prior to executing the agreement.
2. Confirming parties are signing under will: We confirm that each party is signing under their own will without being coerced or threatened.
3. Assuring there has been complete financial disclosure: Our family law attorneys conduct due diligence to confirm there has been fair and full disclosure of each party’s assets, debts, and income.
4. Providing sufficient time to review and understand the terms: We give each party ample time to review the agreement’s terms and seek clarification.
5. 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 Interests, Assets and Relationships
Our experienced family law lawyers can draft enforceable marital agreements whether a prenuptial agreement or a postnuptial agreement and challenge agreements that are unfair and unreasonable to protect you.
Reach out to discuss your situation with one of our family law attorneys by calling 978-744-7774 or contacting us.