Massachusetts Prenuptial Property Agreement

State:
Multi-State
Control #:
US-0347BG
Format:
Word; 
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Description

A prenuptial agreement (also known as an ante-nuptial agreement) is a written contract created by two people planning to be married. The agreement typically lists all of the property each person owns, as well as their debts, and it specifies what each person's property rights will be after they marry and upon the death of each. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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FAQ

If you are wondering how much a prenuptial agreement cost, you are not alone. While this number can vary, ing to ContractsCounsel's marketplace data, the average cost of a prenuptial agreement in Massachusetts is $1,066.67.

The cost of a prenup will range from $1,000 to $10,000. The reason for this disparity in price is due to: The city and state the couple resides in. The number of assets and debts each person has.

What's the range in cost I should expect to pay? A prenup should cost between $1500-$4000 for each attorney (there needs to be 2 Boston prenup lawyers, one for each spouse) depending on the complexity of the agreement and the expertise of the lawyers involved.

Any prenuptial agreements duly signed and executed before marriage will routinely be enforced in Massachusetts, making them excellent tools to simplify a potential divorce.

Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.

In order for a Prenuptial Agreement to be upheld in Massachusetts, it is necessary that the Agreement be fair and reasonable at the time it is executed and fair and reasonable at the time enforcement is sought. Under the case of DeMatteo, a Party is allowed to contract away substantial monetary rights.

A general rule of thumb is that ?if you have a few hundred thousand dollars [in assets], you should at least consider a prenup,? says Holeman. ?But in my experience working with clients, the big cause for actually needing a prenup isn't necessarily on the dollar amount.?

The most common cons of prenups include: Doubt about the future ? Initiating a discussion about a prenuptial agreement often creates doubt between the couple. ... Destroys romance ? Talking about the terms of a prenup is anything but romantic.

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Massachusetts Prenuptial Property Agreement