The following form is a Property Settlement and Joint Custody Agreement.
Massachusetts Annulment Property Settlement and Joint Custody Agreement
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FAQ
Couples in Massachusetts going through divorce are permitted to draw up their own agreement dividing property, which a judge may review and sign. If an agreement cannot be reached, a court determines who gets what. The factors the court considers includes the following: The age, health and employability of each spouse.
Marital property in Massachusetts is not considered to be property that is acquired by any party before the marriage began. Property someone acquires before the marriage is typically separate property that the court will not divide.
Note, however, that signing a Separation Agreement does not end your marriage. You are still legally married until a judge signs a divorce decree, which may allow for survival or merger of the various provisions of the Separation Agreement.
Separation agreements are recognized by statute- the same statute that created the Massachusetts non-adversarial, no-fault divorce (Massachusetts General Laws Chapter 208, Section 1A). A judge must find every separation agreement to be ?fair and reasonable? before any divorce can be allowed.
The phrase "Gray Divorce" refers to divorces involving spouses over the age of 50, and who are typically members of the Baby Boomer generation.
If a court, rather than the couple themselves, is deciding how to divide assets, Massachusetts law (Chapter 208, Section 34) specifies that ?the court may assign to either husband or wife all or any part of the estate of the other.? In other words, the court can take all the property of one spouse, even premarital, and ...
No, Massachusetts follows equitable distribution rules, not community property rules. In Massachusetts, a judge will divide marital property equitably (fairly), but not necessarily equally. "Marital property" includes any income, assets, and property acquired by either spouse during the marriage.
Marital property in Massachusetts is not considered to be property that is acquired by any party before the marriage began. Property someone acquires before the marriage is typically separate property that the court will not divide.