How is a prenuptial agreement enforced?

A prenuptial agreement, commonly known as a prenup, is a contract between two people entering into marriage that defines how certain events, such as divorce, will be handled. In Massachusetts, a prenuptial agreement is enforceable under state law. In order to be valid and enforceable in Massachusetts, a prenup must meet certain requirements. The prenup must be in writing, signed by both parties, and must clearly provide for the division of assets and liabilities in the event of a divorce. The agreement must also be made without fraud, coercion, or duress. Once a prenup has been executed and meets the requirements of enforceability, it can be enforced in court. In determining whether a prenup will be enforced, a court will consider two factors: (1) whether it is fair and reasonable under the circumstances that existed when it was executed and (2) whether it was entered into freely and knowledgeably by both parties. Finally, the prenuptial agreement must have the benefit of both parties in order to be legally binding. This means that both parties must receive something from the agreement in order for it to be enforceable in court. If a prenup is found to be valid and enforceable under the requirements of Massachusetts law, a court will uphold it and it will become a binding legal obligation on both parties.

Related FAQs

What is a default divorce?
What is a pendente lite order?
What is a divorce lawyer?
What is a qualified domestic relations order (QDRO)?
How can I get a copy of my divorce decree?
How does a court decide who gets custody of the children in a divorce?
What is a parenting coordinator in a divorce?
What are equitable distribution of property laws?
What is a constructive desertion?
What is a child support modification?

How is a prenuptial agreement enforced?

Related FAQs

Related Blog Posts