Recently, couples have been including so-called “lifestyle clauses” in their prenuptial agreements. Prenuptial agreements are contracts between spouses that specify the soon-to-be spouses’ respective property and financial rights during the marriage and in the event of divorce. Such agreements typically include terms that identify which of the spouse’s property would be considered “separate” and “marital”;…
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Prenups: Appeals Court Reaffirms “Second Look” Requirement
On January 21, 2015, the Massachusetts Appeals Court reaffirmed the 'second look' requirement with respect to the enforcement of prenuptial agreements. In the Kelcourse case, the Appeals court reaffirmed the requirements for a prenuptial agreement to be enforceable in Massachusetts; specifically, it must have been valid when executed and must be conscionable at the time of divorce. The…
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Prenuptial Agreements: The Sooner the Better
People enter into Prenuptial Agreements prior to a marriage for a number of reasons, but principally because it identifies assets that will remain outside the reach of the other person and how the parties should conduct themselves in the event of a divorce or death. A properly executed prenuptial agreement will likely save the parties…
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Ask a Divorce Lawyer Blog Series: A Prenuptial Agreement
Top 5 Questions you may have when considering a Prenuptial Agreement 1. How much does a prenup usually cost? Unless you retain an attorney who will draft your prenuptial agreement for a flat fee, the attorney fees associated with a prenuptial agreement will be based on the amount of time needed to negotiate the terms…
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