With regard to the distribution of real estate in the event of divorce, states are either states of common ownership in which marital property is distributed on a 50/50 basis, or on the basis of equitable distribution. Massachusetts is the latter, which means that the separated assets and marital assets of the parties are distributed according to the economic actions involved, allowing a spouse to obtain more than 50% of the matrimonial estate. However, a valid and fair marriage agreement can divide your assets according to your mutual desires. In Kelcourse`s case, although the marriage contract was considered valid at the time of its execution, the circumstances had changed at the time of the divorce and the court decided that the application of the agreement would be unacceptable. If you get married, congratulations! Planning and anticipating the wedding and thinking about the years you`re going to be together is exciting and scary to be sure. But have you considered drafting a marriage pact? While the idea of a written contract between you and your future spouse on the disposition of the property in the event of divorce or death may seem cold and certainly less romantic, in many cases it is actually a good idea. Yes, any spouse can challenge a prenup for several reasons. If you think Prenup is unfair or unacceptable, then you can ask the court to invalidate it. You can also challenge the prenup if you discovered that your spouse was not honest about their finances when you made the deal. Although the pre-marital section 25 statute authorizes premarital agreements, the Supreme Court has imposed a requirement of adequacy, since the contract must be fair and reasonable at the time of execution and should not be unacceptable at a later date when a party attempts to implement the treaty. Premarital and post-marriage agreements – marriage contracts commonly referred to as prenups and posts – are both recognized by Massachusetts law, but experienced legal counsel are essential to ensure that they are correct and enforceable when challenged. Although some factors are very different, their main objective is to determine how ownership and wealth are distributed when the marriage ends in divorce.

Marriage contracts are often handled by: Heather Ward is a Boston family lawyer who deals with all kinds of family law issues, including divorce, custody and assistance for children, paternity, parental rights, property disputes, domestic violence, spousal pension and marital agreements. Second, it`s a great way to learn a little more about your future husband or wife. With a marriage agreement, all assets and debts must be listed and for this reason you will not have to have any nasty surprises after the anniversary of the wedding. Faced with the majority of marriages that end because of disputes or disagreements over money, there is not only the reason to shape finances before you say, “I do it.” A separate Boston Prenup lawyer for each spouse to verify the agreement is also an important consideration. If only one lawyer has been involved, the court may examine the agreement in more detail and decide that the unrepresented spouse was unfairly treated because he or she did not fully understand or appreciate the consequences of the provisions. If a Boston prenup lawyer represent both parties, this is probably a conflict of interest and the courts may be just as inclined to refute the prenup. People in a wide range of age and economic circumstances have important reasons to consider creating marriage contracts when they marry (or remarry).