Massachusetts Prenuptial Agreement Rules

A Massachusetts court can be enforceable against a marriage agreement for a wide range of reasons ranging from community to technique. Prenups only offer the protection provided if they have been properly drafted in accordance with Massachusetts law and are fair at the time of signing and enforcement. What does that mean exactly? Keep reading. A marriage contract can cover a wide range of topics, from how expenses are allocated to future maintenance obligations. Other common examples are how future estates will be treated, each spouse`s assets in the event of divorce or death, and responsibility for the other`s financial debts. The list could be dropped. A prenup can cover almost all financial aspects of the couple`s relationship; However, no agreement can legally waive child support obligations to which a child would otherwise be entitled. In particular, Mr Osborne stated that his decision “did not express an opinion on the validity of marriage contracts purporting to restrict the duty of each spouse to support the other during the marriage”. This left open the question of whether temporary alimony or lawyer penalties (considered as aid) could be duly cancelled in a marriage contract. David was also trying to overturn the agreement on the theory he had made under duress. Timothy Biliouris and the future Mary Biliouris started the appointment in 1991.

A year later, Mary learned she was pregnant. When Timothy found out, he told Mary that he would not marry her unless she signed a marriage contract. Subsequently, Timothy`s lawyer prepared an agreement that Timothy Maria presented. Mary consulted with a lawyer who advised her not to sign after reviewing the agreement. Mary met with Timothy and his lawyer to discuss the deal. At the meeting, she cried, and although she said at first that she did not want to sign it, Mary signed the agreement. There was no negotiation on its terms. In fact, the court found that Ms. DeMatteo was now financially more secure than before she entered the marriage. Id.

at 34. As the agreement has survived the “first look” in this case, the Court of Justice must carry out a “second look” analysis. If an agreement does not survive a “first look”, the investigation ends. Indeed, anyone who gets married and has property that he or she wishes to protect in the event of divorce needs a marriage contract. . . .