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We draft prenuptial agreements and postnuptial agreements on behalf of clients. The Hoffman Law Group works closely with each client to identify his/her needs and concerns. We address clients’ needs and concerns in a meaningful and thoughtful way.
Prenutptial and Postnuptial Agreements
A Prenuptial Agreement is a document prepared and signed in anticipation of marriage. A Postnuptial Agreement is a document signed after a marriage has occurred, to settle the division of assets and liabilities in the event of separation or divorce. Both prenuptial and postnuptial agreements, help clarify precisely what each party believes to be a fair and reasonable plan in the event of a separation or divorce.
Alimony is an important factor; the alimony reform bill in Massachusetts was passed in 2012. Assets that you financially contribute to throughout the marriage must be identified. One party may wish to exclude a house, business or inheritance from the division of assets. A pre or post nuptial agreement allows each party to see what (s)he is agreeing to and what is fair and reasonable.
There are four basic principles that must be considered in determining the validity of a Prenuptial Agreement:
- Public Policy: Would enforcing the agreement encourage some undesirable result, such as the breakdown of the marriage or additions to the welfare roll?
- Voluntariness: Did both parties sign the agreement without duress or undue influence and with full opportunity to review the agreement with counsel of choice?
- Knowledge: Did both parties have reasonable knowledge of the rights they were waiving in the agreement? Did each party have sufficient knowledge of the other’s estate to determine the value of those rights?
- Substantive Sufficiency: Did the amount of property and support provided for each spouse meet some minimum level of sufficiency?
Hoffman Law Group has experience drafting both pre and post nuptial agreements that satisfy these requirements. Our office also has experience seeking enforcement as well as challenging the validity of such agreements.