Advising Family Law Clients about Prenuptial Agreements
Different people have different ideas about premarital agreements. Some feel that they detract from the trust and intimacy essential to a successful marriage. Others see them as practical measures for avoiding family problems in case of divorce or death. If your situation is such that a prenuptial agreement might make sense for you, contact an experienced family law attorney at the law firm of Thomas McKean in Boston.
The main objective of a prenuptial agreement is to modify certain provisions of Massachusetts family law to better fit the actual circumstances of a couple contemplating marriage. A prenup will usually limit or displace the right of the spouses to seek alimony in the event of divorce, and very often will specify a lump sum settlement to serve in lieu of property division rights. The agreement might also specify certain assets as separate property, or certain debts as the sole responsibility of one spouse.
In order to be enforceable, the prenup must be fully voluntary on the part of both spouses, supported by full and accurate disclosure of each person's financial and family circumstances, and give each person a fair opportunity for independent review. A prenuptial agreement cannot vary the responsibilities of either spouse for child support under the Massachusetts guidelines.
Whether you need a lawyer's advice about the terms of a prenup you've been asked to sign, documentation for an agreement you and your intended have already worked out, or a reliable opinion about the enforceability of an existing agreement in court, Thomas McKean can help you.
The people most likely to benefit from a prenup are those in such circumstances as the following:
- One or both spouses have children by a prior marriage or relationship
- Substantial imbalance in the spouses' incomes or net worth
- One spouse expects a substantial inheritance in the future
- Substantial age difference between the spouses
- One or both spouses has chronic health problems or other special needs
The terms of a prenuptial agreement can affect inheritance expectations in much the same way that revising a last will and testament can, and especially in marriages involving elderly people, similar questions of competence or undue influence can arise. In some cases, it will be advisable to videotape the execution of the prenup in order to avoid later challenges.
To learn more about prenuptial agreements in Massachusetts and how one might work in your particular circumstances, contact the law firm of Thomas McKean in Boston.
