Prenuptial & Postnuptial Agreement Lawyer in Essex County
Drafting Marital Agreements in Massachusetts
Although many people consider prenuptial agreements something that is strictly for the rich and famous, it can also apply to your marriage. Not only does it set clear expectations before marrying, but also it can help lower the risk of conflicts should a divorce occur in the future. At Rudolf A. Jaworski Jr. PC, we have over 40 years of experience drafting pre- and postnuptial agreements in Essex County. We understand the importance of these marital agreements and will ensure that all assets and considerations are taken when crafting one.
What is Included in a Prenuptial Agreement?
Discussing the end of a marriage at the beginning may seem like a bad omen, but for most couples, signing a prenuptial agreement is the best way to set clear expectations for a marriage and help prevent many of the reasons couples argue in the first place.
Circumstances that could potentially require a prenuptial agreement include:
- Asset Division: A determination must be made as to whether assets are held individually or jointly, and who is entitled to what in the event of a separation.
- Debt: With a marriage, debt is transferred to the couple. However, a prenuptial agreement allows couples to allocate responsibility for debt.
- Earning Allocation: During a divorce, income can be separated as part of martial property. However, a prenuptial agreement can outline that income earned during a marriage is designated to the spouse that earned it – protecting future earnings.
- Spousal Roles: During a prenuptial agreement, couples can outline expectations, future goals, and roles. This is can also mean outlining any special arrangements made between spouses.
- Benefits: Whether it is health insurance, a life insurance policy, or future alimony, benefits can be outlined in a prenuptial agreement.
In addition to making divorce proceedings run smoothly, prenuptial agreements can also protect yourself from a spouse’s debts and ensure you receive proper compensation, including spousal support and loses in the event you leave your career.
Does a Prenup Protect Future Assets?
The short answer is yes, it can protect against both future assets and debts. However, there must be a provision that clearly identifies the asset and or debt. A judge will not accept vague responses in this area, as the writing must contain concrete detail of each. Ownership of either the future asset or debt must be clarified beforehand.
Many couples draft a prenup if they are about to engage in business ownership. This can apply to a new business venture or if one of them plans on taking over a family business.
As mentioned above, future debt can be included in a prenuptial agreement. If one or both spouses has potential liabilities, the responsibility of each can be outlined. A common issue that prenups can alleviate is credit card debt. Many times, couples will not be fully aware of the debt accumulated by the other's excess spending. A prenup would protect you from this if drafted properly.
What Is a Postnuptial Agreement?
Many couples are caught up in the excitement of a wedding and often overlook or forget the legal formalities needed before entering a life-long commitment. Luckily, postnuptial agreements can still be made, whether it’s a few months after the big day or decades later. These agreements can help resolve any financial differences along with the duties of each spouse, and have been widely uses by couples throughout our local area.
In the event of a divorce, the court can enforce postnuptial agreements the same as they would with a prenuptial agreement, as long as all the terms are valid. Because of this, it’s always recommended that each spouse works with separate attorneys and all assets are accounted for, including monetary, property, and businesses assets. In many instances, organizing a postnuptial agreement can help couples resolve any disagreements that can lead to a divorce in the first place.
Contact an Experienced Attorney
At Rudolf A. Jaworski Jr. PC, we have been serving the community for over 40 years. Through this time, we have seen the various outcomes of a divorce and understand the benefit a marital agreement can have on proceedings. As an experienced litigator, a prenuptial or postnuptial agreement can help us fight for your assets as outlined by the agreement to help achieve a positive outcome from our representation.
Contact Rudolf A. Jaworski Jr. PC today to start protecting your assets and preparing for your future.
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