divorce and property division

Financial Disclosure in a Divorce

When spouses are going through a divorce, a common concern is that their husband/wife will not fully disclose their assets.  In Massachusetts, to protect against this issue, the Court issued Supplemental Probate Court Rule 410, in which both parties must exchange certain financial information within 45 days after the defendant was served the summons and…

Who gets the house in a divorce?

Q: I’m getting a divorce.  Who gets the house when the divorce is finalized? A: The short answer is, it depends.  There are many factors that must be considered in determining who gets to keep the marital home during a divorce.   Q: What factors are considered in determining who gets the marital home in…

Property Division in a Divorce

Q: What is martial property? A: Massachusetts law has a very broad definition of marital property.  It defines marital property as property owned by either or both spouses, whether acquired during the marriage, or prior to the marriage.  This means that if property is in only one spouse’s name, or was bought before the marriage,…

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…

PreNups: Myths v. Truths

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! MYTH #1: ONLY PROTECT WEALTHIER SPOUSE False. Pre-Nuptial Agreements must be fair for both parties. If the Agreement is found to be unconscionable by the Judge, it will not…