Boston Pre-Marital Agreement
Boston Pre-Marital Agreement Attorneys
Why You Need to Speak with an Attorney If You’re Getting Married
With all the excitement involved in getting married, it is easy to understand why you and your fiancée might not have considered a pre-marital agreement. While no one wants to think of a marriage ending, and ending so poorly that property and finances cannot be divided in a fair and agreeable manner, it does occur. With more couples waiting until later in life to wed, there are often many valuable assets brought into a marriage, and it only makes sense to plan for the possibility of a divorce. The Boston family law attorneys as DiBella Law Offices, P.C. can answer all of your questions regarding pre-marital agreements. To schedule a free consultation, call (617) 870-0907.
What Is A Pre-Marital Agreement?
A pre-marital agreement, which is also called a prenup or antenuptial agreement, is a document that can serve as an inventory of the property that each person owned prior to the marriage. The document can also address how that property, as well as any property that is acquired during the marriage, would be divided between the spouses in the event of a divorce. In addition, the agreement can have a provision to determine if alimony will be paid, and how all of the existing debt would be distributed.
In the event that there are children from a previous relationship, the care and future relationship with these children can also be outlined. When children are involved, a pre-marital agreement can cover whether either spouse is required to provide health insurance for the child and other spouse. In most cases, life insurance would also follow the same agreement as health insurance.
Are Pre-marital Agreements Always Valid?
It is always important to work with a knowledgeable attorney when drafting any legal document. The attorneys at DiBella Law Offices, P.C. specialize in family law will be able to guide you through the process of creating a legally-binding pre-marital agreement should your marriage end in divorce. The following factors need to be considered to ensure that you have the best pre-marital agreement to meet your current and future needs:
- Exchange of financial information: This is a critical first step in creating a pre-marital agreement. Both parties need to be fully aware of each other’s assets, as well as debt. This defines what exactly is being brought into the marriage by each party. Withholding any financial information during the disclosure for the prenup could result in the courts determining that the agreement is not valid in the event of a future divorce.
- Each party should obtain independent legal counsel to determine that the pre-marital agreement is fair to him or her. This eliminates the possibility of any conflict of interest when only one attorney represents both spouses.
- The pre-marital agreement should be drafted and signed well in advance of the wedding. The reason for this requirement is so that one party does not “spring” the pre-marital agreement on the other right before the wedding. This eliminates the possibility of feeling anxiety about the agreement and/or canceling the wedding because of the agreement.
- The pre-marital agreement must also be signed by each party of his or her own free will. This goes a step further than the above stipulation to eliminate any type of duress.
- When a pre-marital agreement is challenged in court, the judge can also look at the parties involved to determine if, at the time of the signing, both parties had a full understanding of the agreement and the potential outcome in the event of a divorce.
No one wants to contemplate the need for life insurance, but we purchase it to protect our loved ones in the event of our death. In the case of a pre-marital agreement, you are simply preparing for the worst to protect yourself and your financial future.
The attorneys at DiBella Law Offices, P.C. understand that it can be difficult to speak of or even think about a future divorce. But with our years of experience, we can assist you in planning for an event that we all hope never occurs. Call (617) 870-0907 to schedule your free consultation.