Drafting a prenuptial or postnuptial contract can be a good way for any couple to proactively address potential marital issues and strengthen their relationship. However, this kind of agreement only works well if drafted carefully and in accordance with state law. This can be challenging for most couples to accomplish since they might not know where to begin.
Fortunately, a Boston marital agreements lawyer could use their years of experience to pursue a successful arrangement. No matter the nature of your relationship or what specific matters you want to address in your contract, a skilled family attorney’s support could be vital to creating a comprehensive agreement that is legally enforceable in court.
What Could a Marital Agreement Cover?
In Massachusetts, a competently drafted marital agreement can cover nearly every potential dispute or disagreement that may arise during a divorce or legal separation. In addition to establishing what property should remain separate and who would retain ownership of marital assets, this kind of contract could also establish whether one spouse would owe alimony to the other upon divorce. A comprehensive marriage agreement could even outline what procedures to follow if one spouse passes away before the other.
If either spouse has children from a previous relationship, a marital contract can also establish how inheritance rights should be arranged to protect the children. However, while a prenup or postnup can include each spouses’ preferences regarding child custody and support for children, those preferences would not be legally enforceable unless approved by a court.
With relatively few exceptions, anything that would help two spouses feel more comfortable about their financial and personal relationship with each other could be included in a marital agreement, so long as the terms are considered fair and reasonable by both parties. A Boston attorney could offer more specific guidance about how to best establish and use a marital agreement.
Drafting a Legally Enforceable Marital Contract
According to state law, a marital contract is not valid unless it is in writing and signed by both parties. Each spouse must also fully disclose their financial assets, and debts, and may need to include extensive documentation. Additionally, they should retain their own legal representation during the drafting process, unless the agreement explicitly states that one party knowingly and intentionally declined the opportunity to retain counsel.
Finally, no marital agreement in Boston or any other part of Massachusetts created and/or signed under duress is enforceable in court, as a knowledgeable lawyer could affirm. In the same vein, courts are unlikely to consider an agreement to be valid if one or both parties were not fully cognizant of what they were signing and what legal implications it would have. Finally, a court would be unlikely to enforce an agreement that was unconscionable when it was signed or when it will be enforced.
Take Your Issues to a Boston Marital Agreements Attorney
Fulfilling the legal requirements for creating a valid prenup or postnup while also addressing issues relevant to your marriage can be a challenge, since even a small mistake or omission could have big consequences on your future. When you work alone, you increase the chances of errors impacting your arrangements and your family stability.
Instead of taking those risks, work with a Boston marital agreements lawyer. Our team could listen to your goals, address any unique concerns, and help you draft the arrangements you need for a successful marriage. Call today to get started.
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