PRENUPTIAL AGREEMENTS

I have had an increase in inquiries about Prenuptial Agreements lately.

Prenuptial Agreements are essential for those who have significant Premarital Assets that they wish to protect in the unfortunate event of a dissolution of the upcoming marriage. 

Prenuptial Agreements are particularly applicable to situations where one of the parties has children from a prior relationship and wishes to spell out the expectation of the parties to the marriage regarding the disposition of those assets in the event of divorce and that they have been "earmarked" as those that will eventually be distributed to those children.

Massachusetts employs a "second look" doctrine when reviewing Prenuptial Agreements. They must be fair and reasonable at the time that they are executed by the parties, and not unconscionable at the time of divorce.  See, Dematteo v. Dematteo, 436 Mass. 18 (2002); Osbourne v. Osbourne, 384 Mass. 591 (1981).

If you have a need for a Prenuptial Agreement or a divorce action where a Prenuptial Agreement is involved, I would be pleased to assist you.

John G. DiPiano, Esquire

www.probateandfamily.com

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