If you’re planning to get married and your relationship involves an immigration component—whether one of you is on a visa, seeking a green card, or going through the naturalization process—it’s important to understand how a prenuptial agreement can protect your interests. In Massachusetts, these agreements aren’t just for the wealthy—they’re a useful legal tool that can provide clarity and peace of mind for any couple entering a marriage, particularly when international or financial complexities are involved.
What Is a Prenuptial Agreement?
A prenuptial agreement (often called a “prenup”) is a legal contract entered into by an engaged couple before marriage. It outlines how assets, debts, and property will be divided if the marriage ends in divorce or death. It can also specify whether alimony will be paid and under what circumstances.
Why Are Prenups Important for Immigration-Related Marriages?
When marriage and immigration intersect, couples often face additional scrutiny, especially when one party is seeking a green card or adjustment of status. A prenuptial agreement can demonstrate good faith and transparency in the relationship, particularly if there is a significant disparity in income or assets between the parties. It can also protect:
* Premarital assets and family property
* Business interests held in the U.S. or abroad
* Inheritance rights for children from previous relationships
* Expectations around financial support and debt responsibility
* Clarification of financial rights should the immigration process take an unexpected turn
Do I Need to Be Wealthy to Consider a Prenup?
No. Even if you’re not a high-net-worth individual, a prenuptial agreement may still make sense. If you own a home, have a retirement account, or want to protect personal or family assets, a prenup can ensure those assets are shielded from future legal complications.
What Can a Prenup Cover?
A Massachusetts prenuptial agreement may include terms to:
* Protect assets acquired before the marriage
* Define responsibility for debts accumulated prior to the marriage
* Preserve a family business or trust
* Determine whether alimony will be paid
* Address inheritance expectations for children from prior relationships
* Clarify how financial matters will be handled during the marriage
* Ensure transparency between spouses when one may be financially dependent during immigration proceedings
However, Massachusetts law does not allow prenups to dictate child custody or child support. Those issues are determined by the courts based on the best interests of the child at the time of divorce or separation.
What Makes a Prenup Legally Valid in Massachusetts?
According to the Massachusetts Supreme Judicial Court decision in *DeMatteo v. DeMatteo*, a prenuptial agreement must meet two key standards:
- It must be fair and reasonable at the time of signing; and
- It must still be fair and reasonable at the time of divorce.
In addition, both parties must fully disclose their assets and liabilities before signing the agreement. Full financial disclosure is particularly important in immigration-related cases, where transparency can support the legitimacy of the relationship.
Should We Each Have a Lawyer?
While Massachusetts law does not require both parties to have an attorney, it is strongly recommended—especially in immigration-related marriages. Courts are more likely to uphold an agreement if both spouses had independent legal counsel and fully understood the terms before signing.
Can the Agreement Be Changed Later?
Yes, if the original agreement allows for modification, the terms can be updated after marriage. This is helpful if your circumstances change—such as one partner receiving permanent residency, a new job, or acquiring significant assets.
Will the Prenup Be Enforced If We Divorce?
There are no guarantees in law, but working with experienced family law attorneys—especially those familiar with both family and immigration issues—will improve the chances that your prenuptial agreement will be upheld.
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