Legal Question in Family Law in Massachusetts

Re: PreNup

The question is: why wouldn't you want a prenuptial agreement?

Don't be under the misconception that prenuptial are only for divisions of assets in the event of a divorce (and there's a 50% chance of that). It is also useful to delineate responsibilities and also divides debt.

If you don't want your parents knowing your business, then get your own attorney but do not disregard having a prenup because you either want to rebel against your parents or think that it's unromantic to have one. It might be the most loving thing you can do for each other before marriage.

Re: PreNup

You cannot be forced to enter into a pre-nup, and you can always cancel one. That being said, when most people do a Will and there is a pre-nup involved, they make any inheritance conditional upon an unrevoked pre-nup... it just depends on how good their attorney is in drafting the document.

Re: PreNup

I agree with attorney Cheong that legally a prenuptial agreement can be beneficial to both parties.

However, I also understand your frustration at being forced to engage in this process by your parents. Any prenuptial entered into should express the wishes and desires of the couple to be married, and not the wishes of third parties.

You will both need to have your own attorney in this process. Feel free to contact my office if you would like to discuss this further.

Re: PreNup

First each party must have their own attorney for a pre-nup. However, as Attorney Cheong asked why are you against a pre-nup? Your parents are not entitled to be parties to the agreement, but they may decide to protect you and their money by creating a trust which would protect you in the event of a divorce.

While I wish you much happiness in your marriage I would look at the rational issues that concern your parents.

Regardless, good luck and if you have more questions, please feel free to contact me.