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Pre-Nuptial (AnteNuptial) Agreements

PreNuptial (sometimes called AnteNuptial) Agreements are allowed by Massachusetts Law (MGL Ch 209, section 25), and are often desired by engaged couples, especially if either or both of them are approaching the marriage with an accumulation of assets or liabilities that they are, at the time of the marriage, unwilling to share in the event of divorce or death.  PreNups are usually not needed if the couple is just starting out in life and in marriage (ie, if they are young and have no accumulation of assets or liabilities), but are often important is this is the 2nd or 3rd marriage for one or both, or if anyone does come from a family that does have some wealth that needs to be protected.

PreNups offer the engaged couple a good opportunity to discuss openly their present and future finances, and can serve (if drafted and signed with dignity and respect) as a great way to begin a life together.  I often suggest that couples use either mediation (with me or another competent mediator serving as a neutral facilitator) or the collaborative process (with each person represented by a collaboratively-trained attorney) to explore the issues and to create their own unique PreNuptial Agreement, and I find this is often a great bonding experience for the engaged couple (and not, as some people claim, a negative way to start a marriage).

For more information, please contact me at 617-658-2913 or paula@paulahnoe.com.
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