Melrose, Massachusetts, Prenuptial Agreement Lawyers
At Martino Law Group we know that nobody heads into his or her marriage expecting it to end in divorce. Unfortunately, the reality is that 50 percent of first marriages don’t last and some statistics place divorce rates of second and third marriages as high as 75 percent. In a litigious society like ours, it just makes sense to make sure you protect your long-term financial interests, even if you are absolutely sure your marriage will succeed.
What A Prenuptial Agreement Can And Can’t Do
Courts in Massachusetts and New Hampshire have been very clear about what a prenuptial agreement must (and must not) be in order to be valid. Here are some basic criteria:
- A prenuptial agreement must be drafted and signed by both parties well in advance of the marriage date. A minimum of six months is a good rule of thumb.
- The agreement cannot be forced upon either party or signed under duress or threat.
- Both parties signing the agreement must be represented by their own legal counsel.
- The agreement cannot be written in a one-sided manner that provides for no financial protection for the other spouse in the event of a dissolution of the marriage.
- Commingling assets over the course of the marriage generally render relevant provisions of the agreement void.
- The agreement will usually have a shelf life of 10 years.
If you are considering getting married or remarried in Middlesex County or Essex County, Massachusetts, or southern New Hampshire, it makes sense to learn more about the benefits of signing a prenuptial agreement. The attorneys of Martino Law Group have more than four decades of combined experience drafting valid agreements.
What Is A Post-Nuptial Agreement?
In some cases, spouses may decide to sign an agreement regarding the separation of assets after the marriage has already taken place. This may happen when one spouse stands to inherit a significant amount of money and wishes to protect it from the spouse’s side of the family, for example. It may also be appropriate for marriages in which one spouse wishes to start a business on his or her own and wishes to protect it from classification as marital property in the event of divorce.
Whether you need a prenuptial agreement drafted or need to have your prenuptial agreement invalidated for your divorce, we are the law firm to call.
Our attorneys have extensive experience representing clients in divorces in which a prenuptial agreement comes under dispute and must be declared invalid. We use our experience in prenuptial and postnuptial litigation to our clients’ benefit when drafting these agreements.