What is a prenuptial agreement?

A prenuptial agreement is a legally binding contract between two individuals who are planning to get married. This contract serves to clearly outline the terms of the couple’s financial responsibilities and arrangements should the marriage end in a divorce or dissolution. In Massachusetts, the courts view prenuptial agreements as a way for couples to agree on the disposition of their finances and property if the marriage dissolves. A prenuptial agreement typically outlines how assets, debts, and other financial considerations will be divided in the event of divorce. It is important to note that agreements of this nature cannot decide matters which are reserved for the court to decide, such as child custody. Prenuptial agreements are also generally required to be in writing and signed by both parties. In Massachusetts, prenuptial agreements are enforceable as long as they meet certain requirements and were formed with the full, informed consent of both spouses. Courts may also choose to invalidate a prenuptial agreement should they determine that there was unequal bargaining power or if either party was not fully informed of the contract’s terms at the time of signing. Overall, prenuptial agreements are a way for couples to clearly outline their financial responsibilities in the event that their marriage ends. When both parties are aware of the terms of the agreement and enter into it voluntarily, it can help to provide security and clarity in the event of a divorce.

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What is a prenuptial agreement?

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