If there is a question about the law, a good source of information is the text of the law itself. However, the wording of the law is rarely written in a clear and direct way, so it is also useful to have an overview of the law. The following table provides a brief overview of the laws relating to marriage contracts in Massachusetts, as well as links to relevant laws. Is a prenuptial agreement in Rhode Island or Massachusetts right for me? Unfortunately (or perhaps fortunately), there is never a 100% guarantee that a court will enforce a prenuptial agreement if the parties challenge its validity. In some cases, a party will claim that they have been forced or coerced to sign the document. When considering whether a prenup is enforceable, the court will consider the exact circumstances of the execution of the agreement, including the proximity of the time of marriage, the financial leverage of one party over the other, and whether either party had a lawyer when creating the document. Timing is paramount. A marriage contract must be signed well before the happy day. Not the day before the wedding.

While Massachusetts law does not specify a specific time period, it is important that both parties have sufficient time to negotiate the terms, review the agreement with independent counsel, and make any additional necessary changes before signing. If a court finds that both parties did not have sufficient time to do so and that one of the parties may have been coerced or coerced into signing the agreement due to the date of the upcoming marriage, the marriage contract may not be enforceable. When we hear the term « prenup, » many people think of celebrities going through a divorce. Specifically, we tend to hear about outgoing celebrity couples who didn`t have a prenuptial agreement (like Paul McCartney and Heather Mills). While these stories are good entertainment – especially when we learn how much each party brings with it – the reality is that marriage contracts aren`t just for the rich and famous. A prenuptial agreement may be entered into to inform creditors of the existence of the contract. This is important in cases where spouses who want to remain free of any responsibility for their spouse`s debts. The court noted that the parties intended to disregard certain assets when determining support payments as well as income from those assets, since the parties, when entering into the agreement, wanted to protect certain assets. This limited the sources of income that the Court could take into account when determining the sources of income for support. The husband received alimony while the case was pending, and the court agreed with the husband that he was not required to reimburse the support received. A marriage or marriage contract can describe a variety of topics.

Some of the most common include: Under Massachusetts laws, marriage contracts are called « marriage contracts. » In general, antenuptial agreements are enforceable if they are fair and reasonable for each party at the time of their execution. It is important to know that sometimes the courts also review a prenuptial agreement during divorce proceedings to ensure that it always reflects the intentions that the parties had in enforcing the agreement. You may think that your prenuptial agreement is boilerplate and beyond reproach. You and your spouse discussed the terms, drafted a quick agreement and signed it. Maybe you even created your marriage contract according to the letter of the law, played according to the rules and ticked all the boxes. So, is your marriage contract infallible? Rarely. Is it guaranteed? Never! A Massachusetts court may find that a marriage contract is unenforceable for a variety of reasons ranging from reasonable to technical. Prenups only provide the protection provided if they are properly worded under Massachusetts law and are fair at the time of signing and enforcement.

What does this mean exactly? Read on. In fact, anyone who gets married and has property they want to protect in the event of divorce needs a prenuptial agreement. These assets can include a home, retirement account, pension, etc. How do you determine if the agreement is valid? To be enforceable, the agreement must be valid at the time of enforcement and must also be fair and reasonable at the time of divorce. DeMatteo vs DeMatteo, 436 Mass. 18 , 26 (2002). Austin vs Austin, 445 fair. Section 601 (2005) provided guidance to judges to determine whether an agreement was valid. The judge must declare: « (1) [the agreement] contains a fair and reasonable provision, measured at the time of its execution for the party challenging the agreement; (2) the contested party was fully informed of the value of the other party before the agreement was entered into or had or should have been known regardless of the value of the other party; and (3) a waiver by the disputing party is established. Rosenberg vs. Lipnick, 377 Mass. 666, 672 (1979).

Whether or not you should enter into a prenuptial or matrimonial agreement in Rhode Island or Massachusetts depends on various factors. You need to consider your age, health, place of residence, income level and employment status, the nature and value of your property and assets, whether you have or plan to have children, and much more. To determine if a prenuptial or matrimonial agreement in Rhode Island or Massachusetts is right for you, please contact Gregory N. Hoffman at ghoffman@bglaw.com or by phone at 401.273.7171. Parties who wish to get married often want to draft their own prenup agreement. We do not recommend it for the reasons that it is unlikely that the agreement contains important provisions and that representation by a lawyer is a key element of the validity of a prenuptial contract. A prenuptial or matrimonial contract is a written and binding agreement or contract between potential spouses that is envisaged. To learn more about the basics of prenuptial or matrimonial contracts, please read my previous article « Prenuptial, Conjugal or Conjugal Contract: The Basics ».

As with other types of contracts, some issues cannot be included in a prenuptial agreement. For example, child support provisions are generally unenforceable because states generally have specific policies to determine the amount of child support a person must pay. Provisions contrary to public policy, such as financial incentives for divorce, are also generally unenforceable. Prenuptial contracts are expressly permitted under the M.G.L.A.c. 209 § 25, which states: A marriage contract may deal with a variety of subjects, from the allocation of expenses to future maintenance obligations. Other common examples include how future inheritances are treated, the assets to which each spouse is entitled in the event of divorce or death, and responsibility for the other`s financial liabilities. The list goes on. A prenup can cover almost all financial aspects of the couple`s relationship; However, no agreement may legally waive or modify the child support obligations to which a child would otherwise be entitled.

Do you have a marriage contract and want a divorce? Marriage contracts are sometimes called prenuptial agreements. These are agreements between two parties who want to get married but accept certain things before their marriage. They can accept a variety of things, but they cannot accept issues that affect children. A party cannot be forced to sign the agreement. If a party is forced to sign an agreement, i.e. « sign this agreement or we will not marry », the agreement may be considered invalid if the marriage ends in divorce. Prenuptial arrangements give you the opportunity to protect your property during your marriage or in the event of divorce. However, for such an agreement to be valid, it must comply with the requirements of the state`s laws.

If you have questions about prenuptial agreements or need help drafting or revising one, it`s a good idea to speak to an experienced family law attorney in Massachusetts today. .