Prenuptial and Post Nuptial Agreements

Effectively Protecting Your Assets and Your Future

A prenuptial agreement (also known as premarital or ante-nuptial agreement) is a contract between two people prior to marriage that specifies many of the financial terms of a divorce before the marriage. It can also determine the division of assets and liabilities in the event of the death of a spouse. Prenuptial agreements can be as simple or as broad as you want it to be depending on your financial situation and wishes.

The benefits of a prenuptial agreement can include a safeguard of assets and property brought into the marriage and the proper handling of inheritances, gifts and trusts.

A prenuptial agreement also allows spouses to provide some level of protection to children of prior marriages by allowing each spouse to specify what happens to their property in the event of a divorce or death. Without the prenuptial agreement, there are scenarios in which the surviving spouse could gain control of assets intended for children of a prior marriage. In Massachusetts, a prenuptial agreement must be deemed to be fair and reasonable at the time it is signed and fair and reasonable at the time it is carried out. It is important that both parties have skilled attorneys to ensure that the prenuptial agreement will be enforced.

We are experienced in the multiple ways in which prenuptial agreements can be arranged to meet the needs of each person.

Post Nuptial/Marital Agreements

A post nuptial agreement is a written contract executed after a couple gets married to settle some or all of the terms of a possible separation or divorce in the future. Similar to the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or death of one of the spouses. The reasons to obtain a post nuptial agreement can be similar to the reasons for obtaining a prenuptial agreement.  Post nuptial agreements are enforceable in Massachusetts if the contract is valid.

We negotiate post nuptial agreements to make sure that they are valid and appropriate for each situation.

Graff & Dawson Law services Eastern Massachusetts, specifically Middlesex, Worcester, Norfolk, Suffolk, Essex, Plymouth and Bristol Counties.