What is the difference between a prenuptial agreement and a postnuptial agreement?
A prenuptial agreement is signed before marriage. A postnuptial agreement is entered into after the parties are already married.
Are prenuptial agreements enforceable in Massachusetts?
They may be. Massachusetts courts generally recognize prenuptial agreements that satisfy the applicable legal requirements, although enforceability depends on the specific facts and circumstances.
Can a prenuptial agreement protect my business?
Yes. Many agreements address business interests, professional practices, and future appreciation of business assets.
Can I protect my house if I owned it before marriage?
Depending on your circumstances, a prenuptial or postnuptial agreement may address property owned before the marriage and establish how that property will be treated in the future.
Do both parties need separate attorneys?
Although not always legally required, independent legal representation is often advisable because it helps ensure that each party understands the agreement and their legal rights before signing.
Can we modify a prenuptial agreement after we are married?
Yes. Depending on the circumstances, spouses may enter into a postnuptial agreement that modifies or replaces aspects of an earlier prenuptial agreement.
Can a court refuse to enforce a prenuptial agreement?
Depending on the circumstances, yes. Whether an agreement will be enforced depends on the facts of the case and whether it satisfies the applicable legal standards under Massachusetts law.
