Massachusetts Prenuptial Agreement Rules

When it comes to getting married in Massachusetts, many couples consider signing a prenuptial agreement. A prenuptial agreement, also known as a prenup, is a legal document that outlines how a couple`s assets and property will be divided in the event of a divorce. However, before signing a prenup, it`s important to understand the rules and regulations surrounding them in Massachusetts.

First and foremost, a prenuptial agreement must be in writing and signed by both parties before they get married. Additionally, the agreement must be fair and reasonable. This means that both parties must disclose all of their assets and liabilities to each other before signing the agreement. If one party fails to disclose all of their assets, the prenuptial agreement may be deemed invalid.

It`s also important to note that certain provisions cannot be included in a prenuptial agreement in Massachusetts. For example, a prenup cannot waive a party`s right to spousal support, also known as alimony. Additionally, child custody and child support cannot be determined in a prenuptial agreement.

In Massachusetts, prenuptial agreements are governed by state law. However, the courts have the power to review and possibly void a prenup if they deem it unfair or unconscionable. For this reason, it`s important to work with an experienced family law attorney when drafting a prenuptial agreement in Massachusetts.

It`s also worth noting that prenuptial agreements can be amended or revoked after marriage. However, any changes to the agreement must be made in writing and signed by both parties.

In summary, getting a prenuptial agreement in Massachusetts requires careful consideration and adherence to the state`s rules and regulations. Working with an experienced family law attorney can help ensure that your prenup is fair, reasonable, and legally binding.

Non classé