Are You Considering A Prenuptial Or Postnuptial Agreement?

A couple in the midst of wedding planning is usually focused on the upcoming festivities and marriage. Approaching your fiancé or fiancée with the idea of establishing a prenuptial agreement may initially seem counterintuitive to this joyous occasion. As you begin your married lives together, however, you should consider all possibilities. This can be particularly wise if you have been previously married, have children from a previous marriage or have significant property and assets.

Donovan O'Connor & Dodig, LLP, is a law firm that has been serving the Berkshires since 1913. We understand the tradition of marriage as well as the role that prenuptial and postnuptial agreements can serve.

To schedule your consultation with one of our lawyers, please call us in North Adams and Pittsfield, Massachusetts, at 413-663-3200.

Protect Yourself In The Event Of A Divorce

At the end of the day, marriage is a legal agreement. Just as you would not enter a business relationship without a contract, there are many situations where you would not want to enter a marital relationship without a contract. It may be easier to arrive at the terms of the agreement now — while your relationship is strong — than at the end of the marriage during divorce proceedings.

A prenuptial agreement (established prior to the marriage) or a postnuptial agreement (established during the marriage) can provide directives regarding important financial matters, including alimony and property division. Prenuptial and postnuptial agreements allow you to protect premarital assets and inheritances you may receive. Additionally, if you have children from a previous marriage or other heirs, you can preserve their inheritance in the event of a divorce.

While prenuptial agreements are widely available to most couples, postnuptial agreements are more limited in their application.  The Massachusetts courts did not explicitly recognize that postnuptial agreements were enforceable until 2010 and, in recognizing them, noted courts must view them differently since the parties are on different footing at the time of the agreement.  As it relates to agreements prior to marriage, the parties have greater freedom to reject an unsatisfactory agreement.  That is not the case with postnuptial agreements since there is no arm’s-length bargaining, the parties’ enjoy a confidential relationship, and one party may feel the marital enterprise is at risk without agreement such that the situation is ripe with the opportunity for threat or coercion.  Because of those factors, postnuptial agreements are subject to enhanced scrutiny prior to enforcement.

Questions? Call An Attorney For A Consultation.

At Donovan O'Connor & Dodig, LLP, we provide comprehensive services in all areas of family law. While your marriage may not end in divorce, we can help you guard against risks associated with that possibility.

Schedule a consultation and talk to one of our lawyers for more information. We can be reached in Massachusetts at 413-663-3200. You may also contact our law firm online.