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Monthly Archives: July 2014

Marital Estate & Division Property

Marital Estate & Division Property
Where one party to a divorce has contributed disproportionately to the marital estate, especially following a short-term marriage, he or she may properly receive a disproportionate division of the marital estate to offset his or her superior contribution to the marital assets. The purpose of a property division incident to divorce is an equitable, not…
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Vaughan Affidavit

Vaughan Affidavit
In Massachusetts, when a judge determines an equitable division of marital assets the judge is required to analyze a number of statutory factors, one of which is the opportunity of each party for the future acquisition of capital assets and income. Thereby, the opportunity of each party for future inheritance becomes relevant to this analysis.…
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Post-Nuptial Agreements

Post-Nuptial Agreements
Contracts executed by and between spouses to provide for their mutual rights and obligations in the event of divorce, called "post-nuptial" or "marital" agreements are enforceable in Massachusetts. 1 As distinguished from other contracts related to a marital relationship, parties to post-nuptial agreements are uniquely vulnerable. Pre-nuptial agreements occur prior to the marriage. Because parties…
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The Importance Of A Prenuptial Agreement

The Importance Of A Prenuptial Agreement
For many Norfolk County couples, bringing up the topic of a prenuptial agreement with their future spouse seems unromantic. However, marriage isn't just a love story. Entering into the bonds of marriage is also a financial and social contract. Since approximately 40 to 50 percent of marriages end in divorce, says the American Psychological Association,…
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