PRENUPTIAL AGREEMENTS

No one enters a marriage thinking there will be a divorce. Similarly no one enters a marriage thinking about death and leaving a surviving spouse. However, approximately 50% or marriages end in divorce.

Divorce and death trigger issues of division or disposition of assets, and spousal support.  These issues can be anticipated and resolved by use of a prenuptial agreement (also known as an “Antenuptial agreement”). A prenuptial agreement allows the couple to fix their respective future obligations arising from divorce or death of a spouse.

A pre-nuptial agreement is valid only if signed prior to the marriage ceremony. The agreement must be fair and reasonable under the circumstances at the time of its signing and must be found conscionable at the time it may be reviewed by a court. The agreement must disclose all assets and liabilities of each party. In Massachusetts an attorney may represent only one of the intended spouses in the negotiation and drafting of a prenuptial agreement.  If you are presented with a proposed prenuptial agreement by your intended souse, Kerstein, Coren & Lichtenstein can review it and advocate your interests before you sign it.

Spouses may desire to enter into a postnuptial agreement during the marriage. This agreement sets forth the parties expectations in the event of divorce or death of a spouse. The enforceability of postnuptial agreements in Massachusetts in uncertain. If you are considering entering into a postnuptial agreement or have been presented with a postnuptial agreement please contact Kerstein, Coren & Lichtenstein.