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Reasons to have a prenuptial agreement

A prenuptial agreement may protect many Massachusetts residents when they get married. These types of agreements are not just for the very wealthy. People of many different income levels may have accumulated possessions that they wish to hang onto in the event of a divorce rather than dividing them with a spouse.

This can be a particular issue for couples in which there are disparities in income and professional status. For example, one person might end up paying alimony to the other after the divorce. Furthermore, estate planning changes after marriage as well, and disinheriting a spouse can be difficult.

Prenuptial agreements take decisions about how assets are divided away from the courts and put them in the hands of the couple. These agreements allow couples to keep the property they bring into a marriage and can also have an effect on the property division stage of a divorce. They also allow couples to make rules about alimony such as limiting it or agreeing that it will not be paid at all.

People who are creating a prenup may want to have their respective family law attorneys review it before it is signed. There are a variety of reasons why this type of an agreement may not be able to withstand judicial scrutiny if it is challenged by one of the parties at a later date during divorce proceedings. As an example, if it was signed on the eve of the wedding, a party who is attempting to have it overturned might state that it was signed under duress.

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