Massachusetts Prenuptial Agreement Requirements
If you plan to get married, you should have a marriage agreement though: A couple who enter into a marriage pact in Massachusetts must provide “full and fair disclosure” of all financial information. These include all assets, debt, real estate, income and business interest. Both parties should be prepared to submit notices and safeguard documents. If a person has undervalued or incorrect assets or omets of the information, it is likely that the agreement will not be applicable. In this case, the engaged couple entered into a marriage pact in which the wife to become freed all rights she would have “as a result of the marriage”. Id. at 545. The husband, a lawyer, was later convicted as a “delusional person” and placed under guardianship. In addition, the agreement allowed him to terminate his separate assets at the time of execution with $100,000 plus the eventual appreciation. What was remarkable for the court was that in the past, Marie was able to work full-time when she had three children under the age of eleven. Congratulations! Getting involved and engaging is one of the most exciting times in life. And if you get married in the next few months, you`re probably going to do the work to reschedule all the wedding plans for the morning spring or even next spring because of COVID-19.
So now is the perfect time (after choosing your new wedding date, of course) to consider a marital agreement if you haven`t done so yet. And, you`re not alone in this thinking – more than ever, couples engaged in Massachusetts opt for a marriage deal that can offer many benefits both for those with significant assets and even for individuals with modest means. In the case of a divorce (we know, no one likes to talk about it when a marriage is planned, but statistically a large part of the divorce population) a properly crafted and executed Massachusetts marriage contract is likely to save the parties of the time and costs often associated with a divorce with respect to the sharing of assets, debt and support obligations that would come into effect in the event of divorce. Also, a marriage can help both parties clarify the assets of the other party – do you have any savings? Student loans? An important legacy? And what will happen to these assets or debts when you are married? A prenup can address and resolve all issues related to these issues in order to clarify your relationship. As you approach your (new) wedding date, you should discuss with your fiancé how your marriage (and your finances!) could benefit from a marriage agreement. To do so, it is not necessary to order a marriage, which would be ordered by a court under point 34 of c.208, or because it is one-sided – otherwise, according to DeMatteo, the right of a party to enter into a marriage would be “unnecessary”. Id. to 31. DeMatteo continued to respond to Rosenberg`s “fair and reasonable” request: Here are some reasons why a deal in Massachusetts could be invalid: when you hear the term “Prenup,” many people think of celebrities divorcing. Specifically, we tend to hear about outgoing celebrity couples who had no marriage arrangement (such as Paul McCartney and Heather Mills).
While these stories provide good entertainment, especially when we learn everything each party is going to do, the reality is that marital agreements are not just for the rich and celebrities… if each party was represented by an independent lawyer, the appropriateness of the time to verify the agreement, the parties` understanding of the terms and effects, and the understanding by some of its rights without agreement.  (2) prior to the implementation of the agreement, the litigant was fully informed of the value of the other party, or had or should have known independently the value of the other party; and another analytical factor is whether there was full financial disclosure at the time of the signing of the marriage agreement.