You may be wondering how to ask your fiancée for a prenuptial agreement or you may have been asked to sign a prenuptial agreement a/k/a a “Prenup.” You probably have heard of the term before but have not really thought about it or paid much attention to it. Why does your potential partner and future spouse want you to sign a legal document? Do they not trust you? Are they worried you are going to love them and then leave them and take their money?
You may have uncertainty and may be asking yourself why do we need a prenup? Depending on how your assets and finances compare to your potential spouse or depending on whether your fiancée may be receiving an inheritance in the future, may have a lot to do with it.
A prenup can very often benefit a marriage. Take a few moments to listen to your future spouse, and then consider the issues that a prenup presents (and problems that it hopes to avoid!)
First, get familiar with prenuptial agreements in Massachusetts. In Family Law these types of agreements are known as prenuptial and postnuptial agreements and they are both fully recognized under Massachusetts law. Prenuptial agreements are executed prior to getting married and postnuptial agreements are executed during the marriage. Experienced legal counsel is essential for ensuring they are drafted properly and enforceable if challenged.
The main purpose of these documents is to establish how property and assets will be divided if the marriage ends in divorce. More specifically, how the real or personal property that each partner brings into marriage is treated bother during the marriage and after.
One thing you will learn is that marriage is about compromise and a prenup is a clear way to set expectations heading into a marriage.
At Amaral & Associates, P.C., our lawyers have extensive experience drafting enforceable prenuptial agreements aligned with our clients’ specific goals. We focus on the following:
1.Providing guidance on asset protection and other goals that can be lawfully addressed in a prenuptial or postnuptial agreement.
2.Giving helpful tips for discussing this issue with the intended spouse.
3.Helping each client translate his or her reasons for creating a prenup or postnup into an agreement that is understood by, and acceptable to, both spouses
4.Working diligently to ensure that all conditions and formalities required to make an agreement valid are fulfilled, including the requirement that the agreement be “fair and reasonable” at the time of execution and at the time of a divorce, keeping in mind that fair and reasonable does not mean equal.
Myths and misconceptions about prenuptial agreements are widespread. For fundamental information and answers to many common questions, we encourage you to read our articles on:
Do I Need A Prenuptial Agreement?
Prenuptial Agreements in Massachusetts
Please contact our office for a consultation today. Attorney Edward L. Amaral Jr. has over thirty years of experience advising clients on prenuptial and postnuptial agreements, so if you find yourself asking Why Do I need a Prenup, or What Do I Do if my fiancée asks me for a prenup, then call us at 1(800)290-1012 ext. 111. Thank you.
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