Legal Question in Family Law in Massachusetts

Re: Prenuptual Agreement

Prenuptial Agreements can be tailored and crafted to meet the needs of the couple. If you are going to put time and energy into a Prenuptial Agreement, you should absolutely have it drafted by an attorney.

Both sides must make full disclosure of their property and assets, and each party should have the document reviewed by separate counsel. Failure to follow these and other steps will make the Agreement unenforceable later on.

I charge a simple flat fee for the preparation, drafting and execution of Prenuptial Agreements. Don't hesitate to contact my office.

Re: Prenuptual Agreement

To have a valid prenuptual agreement each party needs to be afforded the opportunity to have the agreement reviewed by their own attorney.

Also, you need to disclose all your assets to your intended spouse that you intend to keep, so you need to detail the assets you are protecting.

If you have significant assets that you are trying to protect, I strongly recommend you hire an attorney to draft the agreement for you.

Re: Prenuptual Agreement

To be valid a prenuptual agreement must allow each party the opportunity to have the agreement reviewed by their own attorney and attest that each party

fully disclosed all their assets to the other.

If the assets you seek to protect are substantial, it is advisable that you retain an attorney to draft the prenuptual agreement for you.

Good luck and congratulations on your upcoming wedding.

Re: Prenuptual Agreement

I would definitely advise that both you and your fiance have separate attorneys.

The purpose of the prenup is to ensure, in part, that you keep Separate property separate and therefore, you need it to hold up in court if you ever need it. Have it drafted and reviewed by separate attorneys is one of the keys to having the prenup hold up in court if you ever need it.

Not having it drafted or reviewed by separate attorneys leads to a common argument during divorce, which is that one person didn't really know what they were signing and they were forced to sign it. If you both have attorneys, that argument is gone.

You can put anything you want in a prenup as long as it is not criminal and it doesn't involve any provision regarding children and child support.