Both prenuptial agreements and postnuptial agreements can be valuable tools for spouses. It can give guidance regarding the division of assets and support in the event of a divorce or a spouse’s death. It gives some predictability and certainty, which is not always guaranteed in the circumstances of a divorce in which there is neither a prenuptial agreement, nor a postnuptial agreement.
A prenuptial agreement (also known as premarital or ante-nuptial agreement) is a contract between two people prior to marriage that specifies how property, debt, and assets are to be divided in the event of divorce, death, or separation. Prenuptial agreements can be as simple or as broad as you want it to be depending on your financial situation and whether or not you have children.
The benefits of a prenuptial agreement can provide a safeguard of assets and property brought into the marriage and the proper handling of inheritances and trusts.
Post Nuptial/Marital Agreements
A post nuptial agreement is a written contract signed after a couple gets married, to settle the couple’s affairs and assets in the event of a separation or divorce. Similar to the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage. The reasons to obtain a post nuptial agreement are the same as the reasons for obtaining a prenuptial agreement. Post nuptial agreements are enforceable in Massachusetts if
the contract is valid.
Contact An Experienced Family Law Attorney
To learn more about Prenuptial or Postnuptial Agreements contact Attorney Mike Suarez at (508) 759-1122.