Prenuptial Agreements

Prenuptial agreements are not just for the wealthy. Attorney Ann LoDolce Attorneys strongly recommends that all of our family law clients who are contemplating marriage or remarriage, consider a prenuptial agreement.

Because Massachusetts is a no fault divorce state, it is difficult to predict how marital assets and debts will be divided, as the standard is equitable distribution, not a 50/50 community property division. A prenuptial agreement is a contract that allows a couple to predict and determine the division of marital assets and debts as well as protect children from a previous marriage.

A prenuptial agreement can also be established for a finite time to ensure the couple that the marriage is going to work.

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What is a prenuptial agreement?

A prenuptial agreement (sometimes referred to as a premarital agreement) is a contract entered into and signed at least thirty days before the wedding. Usually, these agreements have provisions for death and divorce and predetermine how marital assets and debts will be distributed, and what alimony or support will be paid if either of these events occurs. These agreements also protect a person’s assets and can preserve them for the person’s heirs.

A prenuptial agreement is especially important if there are children involved from a prior marriage.