A prenuptial agreement, or prenup, is a legal document that couples sign before getting married. It outlines how assets, debts, and other financial matters will be handled if the marriage ends.
In Massachusetts, prenups are valid as long as they are fair, signed voluntarily, based on full financial disclosure and comply with the law. When entering into a prenup, it’s important to have accurate information. Below are some crucial factors to consider.
A prenup can benefit any couple
Many people think prenups are only for the wealthy, but that’s not true. A prenup can benefit anyone. However, they can be especially beneficial if you own property or a business or have children from a previous relationship. It can also protect future inheritances and limit conflict if the marriage ends.
What if you’re already married?
If you didn’t sign a prenup before your wedding, you can still create a similar agreement called a postnuptial agreement. This works much like a prenup, but is signed after the marriage begins. As with a prenup, a postnup needs to be fair and agreed to by both parties.
How these agreements help during divorce
Divorce can be stressful — especially when spouses can’t agree on financial matters. A prenup or postnup can simplify the process. It gives both parties a clear plan and can prevent lengthy court battles. A well-written, comprehensive agreement often speeds up decisions on property and spousal support.
These agreements aren’t about planning for failure. They’re about being practical and protecting both spouses. Before signing a prenup or postnup, it’s important for each party to get their own individual legal guidance to protect their rights and interests.