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When prenups are unfair to one party

Massachusetts couples who plan on getting married might also want to consider a prenuptial agreement. This can be a valuable document that helps to protect the individual who comes into the marriage with more money and assets than the other one. However, it is important that the person with fewer assets and less money has some protection as well.

Too often, prenuptial agreements are drastically unfair to the party who enters the marriage with few or no assets. One example might be a spouse who is prohibited from ever receiving alimony regardless of their contributions to the marriage or family life. In one case, a prenuptial agreement was written in such a way that prevented the other spouse from accessing the other's assets even if the marriage ended naturally due to the death of the other spouse.

A good prenuptial agreement needs to protect the interests of both parties. At the time that a prenuptial agreement is negotiated, the two parties are presumably at a point in their relationship when they love and care for one another, and that same care should be applied to the tenets of the prenup. A prenup should provide some financial security for both people and not just for the one bringing more assets into the marriage.

Even with a prenup in place that both parties are happy with, people who are divorcing may still want to hire attorneys to assist with the process. One reason is that a prenup cannot cover child custody or child support. A person might also want to challenge a prenup. There may be grounds for doing so, such as when the prenup was signed a short time prior to the wedding under coercion or duress.

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