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Prenuptial agreements are for more than just high asset divorce

Prenuptial agreements are not just for the very wealthy. Couples of more modest means might want to consider having an agreement drawn up by an attorney before they get married if there are assets that being brought into the marriage that one or both parties wants to keep separate. For example, an individual who has an interest in a family business might want to have something in writing before the wedding protecting it from becoming part a divorce dispute later on.

Someone about to get married who has children from a prior marriage might want the protection of a prenuptial agreement to pass specific assets, owned prior to the upcoming wedding, on to children of the first marriage. Agreements between couples that are made prior to exchanging vows can eliminate disputes later on.

Massachusetts law authorizes individuals to enter into a binding written contract before they are married. These contracts, more widely known as prenuptial agreements, may be used to define the rights of each of the parties in assets owned them in the event the marriage is terminated by death or divorce.

There must be full financial disclosure between the parties before execution of the prenuptial agreement. The agreement must be fair and reasonable when it is entered into, and it must not be unconscionable at the time enforcement of the agreement is sought. For example, an agreement might have been fair and reasonable when it was first entered into. If a catastrophic illness or other event would leave one spouse destitute, a court could refuse to enforce it.

Whether a prenuptial agreement is for you, or to obtain information about challenging or enforcing one, a Worcester divorce attorney might be of assistance. An attorney familiar with Massachusetts law could probably offer legal advice and guidance about how a prenuptial agreement would benefit or affect you.

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