Prenuptial Agreements Tailored to your Situation
If you’re contemplating marriage, one of the questions you must face is whether or not to insist that your future spouse sign a prenuptial agreement. Prenuptial agreements (also known as premarital agreements) are not just for the rich and famous. Anyone entering a marriage with assets about which they care should consider insisting that a prenuptial agreement (hereinafter “prenup”) be in place, prior to the marriage ceremony. Another consideration are children. If you already have children, and are planning to get married again, you’ll want to consider insisting on a prenup for their sake. This is because, by insisting that your future spouse sign a prenup, you can assure that any premarital assets you intend to bequeath to your premarital children, will – in fact – end up with your children, rather than in the hands of your future spouse, should a divorce later occur.
The reality is that most people do not stop to think about enacting a prenup prior to marriage. They are in “love” after all. It takes a truly wise and pragmatic person, who – in the throes of a blossoming romance – actually stops to think about the necessity of a prenup. Thus, if you are contemplating marriage and reading this page because you are considering enacting a prenup, congratulations. You are one of the wise and chosen few, and absolutely correct to explore your legal options.
If you have any questions about prenuptial agreements and whether or not one would be right for you, call us today, for your free initial, confidential, consultation! We have drafted many detailed and customized prenuptial agreements for individuals about to enter marriage, and would be happy to discuss your particular situation.
FAQs About Prenuptial Agreements
What is a prenuptial agreement?
What can be included in a prenuptial agreement?
Do Massachusetts’ courts uphold prenuptial agreements?
Can a prenuptial agreement be challenged and overruled, in the face of a divorce?
Yes, as with any contract, a prenuptial agreement can be challenged, in certain situations. It is important that any prenuptial agreement be either drafted by, or reviewed by, an attorney, to assure the agreement will be unlikely to be overturned by a family court, during a divorce.
We just got married; is it too late to establish a prenuptial agreement?
Yes and no. It is too late to enter into a prenuptial agreement, since, by definition, a PRENUPTIAL agreement is a contract entered into PRIOR to marriage. That being said, it is still possible for you and your spouse to enter into a postnuptial agreement. A postnuptial agreement, or one entered into after marriage, will be given higher scrutiny by the court, and so must be drafted by a qualified attorney, to assure the contract will hold up in court, should a divorce occur.
Hoffman Law can assist you with either. Call for your FREE INTIAL CONSULTATION today!!
We have no plans of getting married, but are cohabitants; can we still establish a prenuptial agreement?
“Prenuptial” means prior to or before the marriage ceremony. Since cohabitants have no plans of marriage, a prenuptial is not applicable. Nevertheless, it is still possible to enter into an agreement, as cohabitants. Agreements between cohabitants are now enforced by courts, although that was not always the case, provided they are properly drafted of course.
As with prenuptial agreements and postnuptial agreements, agreements between cohabitants should be drafted and/or reviewed by an attorney. These agreements can always be challenged. If improperly drafted or designed, they will not be honored by a court of law.
We can assist you with any of these: prenuptial agreements, postnuptial agreements, & cohabitation agreements. Call for your FREE INITIAL, CONFIDENTIAL, CONSULTATION today!!