Protecting Your Assets With a Prenuptial Agreement
These days more and more couples are creating prenuptial agreements before their marriages. These documents can provide many benefits, even for people of modest means.
Mavrides Law has helped numerous people protect their assets by creating prenuptial agreements custom-tailored to meet their needs. The firm can draft an agreement for you, review a proposed agreement or provide an opinion regarding the validity of an existing agreement.
Contact the firm for an initial consultation.
The Benefits of a Prenuptial Agreement
Simply stated, a prenuptial agreement (also called an antenuptial agreement) identifies the separate property of each party prior to entering a marriage. In the event of divorce, the agreement can help the couple avoid disputes over the division of assets and debt. An agreement can also be created to protect the inheritance rights of children from a previous marriage. In terms of the marital relationship, a prenuptial agreement can strengthen a marriage by removing uncertainties regarding property division and other issues.
A postnuptial Agreement is an agreement made between husband and wife during the marriage in order to resolve financial differences . A goal of this agreement is to restore harmony in the marital relationship. However, these documents must be carefully drafted and comply with strict legal standards which were recently identified and confirmed by the Massachusetts Supreme Judicial Court in its 2010 decision. In order for any postmarital agreement to be enforceable, it must be determined whether
- each party has had an opportunity to obtain separate legal counsel of each party's own choosing;
- there was no fraud or coercion in obtaining the agreement;
- all assets were fully disclosed by both parties before the agreement was executed;
- each spouse knowingly and explicitly agreed in writing to waive the right to a judicial equitable division of assets and --all marital rights in the event of divorce; and
- the terms of the agreement are fair and reasonable at the time of the execution and at the time of divorce.
It is imperative that both parties obtain competent, experienced legal counsel to negotiate and draft the postnuptial agreement. Otherwise, the enforcement of the terms of any postnuptial agreement may not be possible.
Mavrides Law can help you develop an agreement that addresses your specific needs and protects your rights and assets.
Experience You Can Trust
Marcia Mavrides has practiced as a family law attorney for more than 30 years. During that time, she has helped many couples avoid potential property disputes through the use of prenuptial agreements. Ms. Mavrides also has experience in the litigation of disputes regarding the validity of existing agreements. You can trust Mavrides Law to provide you with informed advice and effective representation.
To learn more about the asset protection benefits a prenuptial agreement can provide, contact Mavrides Law for an initial consultation with a lawyer. The firm has offices in Quincy and Boston, Massachusetts, to serve you.