Pre and Post-Nuptial Agreements Attorney in Hingham, Massachusetts

Why sign a prenuptial agreement in Massachusetts?

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The first advantage to signing a prenuptial agreement is that it removes uncertainty with respect to division of assets and alimony in the event of a divorce. Prenuptial agreements, one party has substantially more assets than the other party, and so they are looking to protect those assets, which were obtained or acquired prior to the marriage, without any contribution by their intended spouse. In Massachusetts, we are an equitable distribution state, which means that theoretically any and all property, whether it was jointly acquired, or individually acquired, or whether it’s in joint name, or individual name, or whether it was inherited, they’re all considered marital assets that can be subject to division.

So if you have significant assets that you would like to protect from division in the event of divorce, that would be the main reason why you would sign a prenuptial agreement, you know? And that’s also true for people who expect to inherit significant wealth, which can also be considered a marital asset under the Massachusetts law, or under their Massachusetts laws. They are inherently unfair, I mean, and that’s – we kinda have to explain that to the client who might have – who has fewer assets than their fiancé, and what we’re trying to achieve is something that both parties can live with. It protects the person that has more assets, but also doesn’t leave the other person completely without any ability to support themselves once, you know, if they do end up divorcing.

Hingham, MA family law attorney Kimberley Keyes explains the primary reasons for signing a prenuptial agreement.

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