Postnuptial Agreements

Dear Clients and Friends,

Properly executed pre-nuptial agreements have been enforceable for sometime in the state of Massachusetts. These agreements are entered into between the couple before they are married to protect assets each party had at the time of marriage. Here are Amaral & Associates, P.C., we prepare pre-nuptial agreements on a regular basis on behalf of our clients.

Post-nuptial agreements, however, are entered into after a couple is married. They were considered invalid in the United States at one time and the present case law in Massachusetts has been uncertain as to the current validity until recently. Based on a July 16, 2010 case, entitled Ansin v. Cravin-Ansin, a Mass. Supreme Judicial Court case, the court for the first time enforced a post-nuptial agreement. Therefore, it is now possible for a couple to remain married yet prepare an agreement regarding how their assets are to be divided in the event of a divorce. This agreement could be helpful for parties who are thinking of getting a divorce or are afraid of losing additional assets if the marriage were to be extended. By having an agreement in advance, neither party would be worried about prematurely ending the marriage and could have a degree of certainty as to how their assets would be divided down the road. In the event that you, or a friend, is a candidate for something such as a pre-nup or post-nup do not hesitate to contact us at Amaral & Associates, P.C.


There are several myths regarding Pre-Nuptial Agreements that prevent many couples from broaching the topic. Keep reading to find if a Pre-Nup is right for you!


False. Pre-Nuptial Agreements must be fair for both parties. If the Agreement is found to be unconscionable by the Judge, it will not be honored.


False. Even if you and your spouse do not have much now, over time your income and assets will most likely increase. Your home and retirement accounts will probably become more valuable and you may even inherit additional money or assets from your families. A Pre-Nup can protect the accumulated wealth and decide how it will be dealt with.


False. The agreement can be as detailed or broad as you like. It can be limited and cover one specific asset or inheritance, or deal with a wide range of areas. You may also specify in the Pre-Nup issues that you will encounter during the marriage, such as the usage of funds, career expectations, child support from a previous marriage and the like.


False. Pre-Nuptial agreements have a stigma of being unromantic, however, they are actually endearing in a way. If two people love each other, they should be open and reasonable enough to plan for a possible future without each other and want to make sure that they will both be taken care of. Moreover, statistics have shown that marriages can actually last longer between couples who have Pre-Nups, as neither party is worried about how the length of their marriage will affect the division of their assets and, instead, can work together towards saving their marriage.

Please follow and share on social media: