Choosing to form a pre- or postnuptial agreement in Massachusetts may not be an easy choice. Indeed, even if you recognize the practical value of such an agreement, you may be criticized for “not being romantic,” or for “planning for the worst.” At the law office of Heather Ward Law, our experienced Massachusetts divorce lawyer knows how valuable a postnuptial agreement can be, especially for couples who are facing divorce. To learn more about how Attorney Heather M. Ward can represent you and the advantages of a postnuptial agreement in a divorce case, please call our law firm directly today.
What Is a Postnuptial Agreement?
A postnuptial agreement is very similar to a prenuptial agreement with the only difference being that a prenuptial agreement is formed prior to a marriage and a postnuptial agreement is formed after a marriage has already taken place. Issues that might be addressed in a postnuptial agreement include:
- How property and assets will be divided in the event of a couple’s divorce or death;
- Whether or not alimony will be part of a divorce settlement;
- Whether or not money or assets will be reserved for another beneficiary;
- What will become of a family business in the event of a divorce; and
- How debt will be managed throughout the course of the marriage and in the event of a divorce.
Note that a postnuptial agreement cannot be used to make any decisions about child custody or child support.
Benefits of a Postnuptial Agreement During a Divorce
While no one plans for their marriage to end in a divorce, divorcing parties who have a postnuptial agreement in place are likely to have a much easier time navigating the divorce process. This is because a pre- or postnuptial agreement creates a roadmap for how to resolve the issues in a divorce that are typically the most contentious, such as whether or not alimony will be part of the divorce settlement and, if so, how much spousal maintenance will be paid; how property and debts will be divided; what will be considered shared marital property vs. separate property; and more. Rather than spending months trying to mediate or litigate these issues, a couple can merely turn to their postnuptial agreement. This can speed up the divorce process and reduce the feelings of stress, conflict, and frustration that are typically associated with a divorce. The court in MA has held that a postnuptial agreement is enforceable so long as it was legally formed.
Get Help from an Experienced Massachusetts Divorce Lawyer
If you are married and do not have a prenuptial agreement in place, forming a postnuptial agreement may serve both you and your spouse well. If you are divorcing and have a postnuptial agreement in place, our divorce lawyer can help you to enforce that agreement. To learn more about the various divorce and family law services offered by the office of Heather Ward Law, please call our law firm directly at (617) 903-8955 or send us a confidential message telling us more about your case and the services you need.