Law Office of Attorney Joseph M. Lally Quincy Law Office Attorney Joseph M. Lally Serving Norfolk, Plymouth, and Bristol Counties 1233 Hancock Street Rear Quincy, MA 02169
Mass Prenuptial Video Law Offices of Attorney Robyn A. Briatico
Andover Law Office Attorney Robyn A. Briatico Serving Essex & Middlesex County 300 Brickston Square Suite 201 Andover,MA 01810 Ph: (617) 387-6800
Burlington Law Office Attorney Robyn A. Briatico Serving Middlesex County 15 New England Executive Park Burlington, MA 01803 Ph: (617) 387-6800
Melrose Law Office Attorney Robyn A. Briatico Serving Middlesex County 2 Banks Place Melrose, MA 02176 Ph: (617) 387-6800
Everett Law Office Attorney Robyn A. Briatico Serving Middlesex Serving Suffolk County 1725 Revere Beach Parkway Everett, MA 02149 Ph: (617) 387-6800
Conveniently located on RT16 just east of 93 approximately 3 miles from Boston. Parking is always free!
Boston Prenuptial Agreement Attorneys
You don't have to be a celebrity, entertainer, musician, actor, actress, professional athlete or player (NFL, NHL, NBA, MLB, PGA, MLS, LPGA, WNBA, MMA), successful self employed business owner, CEO, COO, President, Vice President (VP), Director, nor do you you have to be rich and famous, a millionaire, a business executive, or even a Hollywood movie star to benefit from having a Massachusetts prenuptial agreement. In fact, Massachusetts prenups when combined with a will and trust form a very effective estate planning strategy by providing your surviving spouse with some but not all of the financial control of the surviving estate. If you are not careful, it is possible that some or even all the money left in trust for your surviving spouse could be dissipated by taxes, expenditures including nursing home costs, or long term care fees and expenses leaving little if any inheritance for your surviving children.
The prenuptial agreement in an estate plan is especially useful for second or third marriages and blended families where one of the top goals is to protect your children's interest from prior marriages to ensure that they are left with some assets in the event of a divorce or death. If one of your goals is to leave some of your premarital financial assets to your children of a prior marriage in the event of a divorce or death, it will be in your children's best interest that you have a Massachusetts prenuptial agreement in place.
Our Massachusetts Prenuptial Agreement Attorneys and Lawyers are hard at work developing content and informational videos for our website focussed on prenuptial agreements and family law in hopes of making it one of the top rated, top recommended, and best rated website in its class and a premier destination point for our clients, families, friends, and members of our community.
We encourage you to spend time on this website and see what our lawyers have to say about various topics in Massachusetts Prenuptial Agreement Law. We offer a large collection of Massachusetts Divorce and Family Law informational video's that you can watch in the comforts of your home including our Massachusetts Prenuptial Agreement Video .
Developing a Massachusetts Prenuptial Agreement
Step 1:Prenuptial Financial Disclosure
Attorney Robyn A. Briatico or one of her affiliates will work with you, your accountant, business appraiser (if you own your own business), to obtain a list of all of your assets, income, debts, liabilities and even projected assets and liabilities that may come into play sometime in the future.
Step 2:Prenuptial Client Goals
Attorney Robyn A. Briatico or one of her affiliates will sit down with you and discuss your goals for the agreement.
Step 3:Prenuptial Agreement Draft Client Review
Attorney Robyn A. Briatico or one of her affiliates will draft the prenuptial agreement and review it with you.
Step 4: Prenuptial Agreement Negotiations with your Fiancee or Future Spouse's Attorney Attorney Robyn A. Briatico or one of her affiliates will get together with your future spouse's attorney and begin the negotiations of the prenuptial agreement draft.
Boston Massachusetts Prenuptial Agreement Frequently Asked Questions (FAQs)
What measures do we take to increase the likelihood that our prenuptial agreement will be enforced in Massachusetts? Potential clients need to understand that prenuptial agreement is not ironclad. All prenuptial agreements can be challenged in a court of law. The goal of our attorneys is to draft a prenuptial agreement that will be extremely difficult to invalidate in the court of law.
1. We ask our clients to provide us with full financial disclosure by way of their accountants or a financial statement. If your estate is small, we can work with you to obtain your full financial disclosure.
2. We will work with you to have the prenuptial agreement draft completed and signed far in advance of your wedding date.
3. Each party will have their own Attorney.
4. The prenuptial agreement needs to be fair and reasonable when it is first drafted and at the time of divorce. If it is found that the agreement is too one sided, the courts will likely invalidate the agreement if contested. Why do I need a Prenuptial Agreement in Massachusetts when I'm not even wealthy or rich?
While it is true that many rich successful people in business, entertainment, professional sports, and medicine hire attorneys to draft prenuptial agreements, not all do so for the sole purpose of protecting their own wealth. A properly drafted Prenuptial Agreement can provide many other benefits to your family beyond wealth protection.
What is a Prenuptial Agreement?
A prenuptial agreement (also known as antenuptial or premarital agreement) is a contract entered between you and your future spouse prior to marriage in order to protect anything you want it to protect. The agreement itself can be as broad or as narrow as you want it to be so long as its consistent with Massachusetts laws.
Why do I need a Massachusetts Prenuptial Agreement?
With so many people getting a divorce, remarrying for a second or third time, and living with blended families, a prenuptial agreement can be a very powerful family planning tool.
Here are some examples of the benefits of having a prenuptial agreements:
Safeguard property and assets brought into marriage
Separation of assets and debt accumulated prior to marriage
Separation of property and businesses accumulated prior to marriage
Specify how post marriage appreciation of property, assets, earnings, or proceeds are handled
Exempt certain assets and property from consideration as marital property
define what property is considered marital and community property
Identify who will get the marital and/or vacation homes
Specify how property will be divided in the event of death or divorce
Division of debts before and during marriage
Disclosure of all assets, liabilities, and sources of income prior to marriage.
Disclosure of all other future assets including gifts and inheritances
Asset protection prior to marriage for Pension, Retirement, 401K's, & Stock Options
Preservation of family assets
Protect inheritance for children from prior marriages
Protect heirs of family businesses and fortunes
Protect your business practice from spousal claims in divorce or probate
Protect your medical practice from spousal claims in divorce or probate after your business has been fully appraised and the value disclosed to your future spouse
Protect your dental practice from spousal claims in divorce or probate after your business has been fully appraised and the value disclosed to your future spouse
Protect your separate property
Support your estate plan
Personal asset protection
Specify how assets and property acquired during marriage are divided in the event of divorce or death.
Use of marital home after separation
Use of vacation home after separation
Life Insurance for the surviving spouse
Identify premarital debts of each party and specify how the debt would be paid
Control of premarital assets during marriage
Protection of Children's interest from previous marriages
Distribution of your estate based on your wishes upon death
Alimony / Spousal Support
Treatment of future earnings and debt
Child Support above the Massachusetts Child Support Guidelines
By having a prenuptial agreement, the parties can decide in advance what will happen to your property in the event of divorce or death. You can also decide in advance how you will support one another in the event of divorce or death.
While prenuptial agreements can be crafted to address just about anything, the courts will not allow you to waive rights to child support but they will allow you to provide additional support above and beyond the Massachusetts Child Support Guidelines.
What is the purpose of providing full Financial Disclosure in the drafting of a prenuptial agreement in Massachusetts?
The easiest way to invalidate a Prenuptial Agreement is to not provide full Financial Disclosure of all income, assets, debts, liabilities and even projected assets and liabilities that may come into play sometime in the future. We will work with our clients, accountants, and business appraisers if necessary to obtain a complete financial disclosure in an effort to strengthen your prenuptial agreement to potential challenges down the road.
Can a prenuptial agreement protect my families assets in Massachusetts? If you receive a gift or inheritance prior or during the marriage, the prenuptial agreement can be drafted in Massachusetts so that any gift, inheritance, as well as any income from the growth of those assets remain a family asset with the spouse having no claim to it.
Why is it important to not wait until the last minute in Massachusetts to draft and sign the prenuptial agreement?
We encourage our Massachusetts clients to not wait for the last minute to draft your Mass Prenuptial Agreement. Case law indicates that the sooner our Boston prenuptial agreement lawyer drafts and have you sign the prenuptial agreement, the better chance it has to be enforced and validated. It's never a good idea to rush into drafting and signing a prenuptial agreement the day before your wedding.
Why do I need two lawyers or attorneys in the drafting of a prenuptial agreement in Massachusetts?
There is case law in which the party that was unrepresented by legal council was able to invalidate the original prenuptial agreement even after they waived their right to legal council and signed the prenup agreement. Your spouse can simply claim that they were in duress, forced into signing the agreement, or told that it wasn't necessary to engage the services of an attorney. The judge has the discretion to invalidate the prenuptial agreement based on any of these explanations. To strengthen the prenuptial agreement and to improve the chances that it will hold up in a court of law, we require that you and your future spouse hire and pay for separate attorneys.
Can a prenuptial agreement be modified or cancelled in Massachusetts? Yes! You can file to have the original prenuptial agreement modified or cancelled as long as both of you are in agreement with the changes. If either you or your spouse contest the prenup modification or termination, you will have to go to court and the judge will decide whether to allow the modification.
How much does it cost to draft a prenuptial agreement in Massachusetts?
The fees vary depending on the size of the estate and net worth of our clients. For simple prenuptial agreement cases, we could be looking at attorney fees in the range of $750 - $1500 on average. If we have to hire or interact with accountants and qualified appraisers for larger estates, we are looking at fees ranging from $1000 to several thousand dollars. A properly drafted prenuptial agreement is worth every penny. It will provide good protection against a long drawn out divorce by making it more difficult to challenge it. _________________________________________________________ It is important to understand that all prenuptial agreements can be challenged in Massachusetts and there is very little you can do about it. While your spouse has the right to challenge the agreement, it doesn't mean they will prevail. In fact, prenuptial agreements are frequently upheld by the courts especially well drafted agreements with complete financial disclosure by the parties and legal counsel representation on both sides.
Attorney Robyn A. Briatico or one of the affiliates can work with you to draft a prenuptial agreement that is consistent with Massachusetts laws and likely to be upheld in the event the agreement is challenged in a court of law.
Boston female Attorney Robyn A. Briatico and her network of Affiliates can work with you to develop a Massachusetts Prenuptial Agreement, will, and trust if you reside in the following counties and cities within Massachusetts:
In Middlesex County, one of our attorneys or lawyers can work with you to create a prenuptial agreement if you live in Acton MA, Arlington MA, Ashby MA, Ashland MA, Ayer MA, Bedford MA, Belmont MA, Billerica MA, Boxborough MA, Burlington MA, Cambridge MA, Carlisle MA, Chelmsford MA, Concord MA, Dracut MA, Everett MA, and Framingham MA. They can also handle Prenuptial Agreements in Groton MA, Holliston MA, Hopkinton MA, Hudson MA, Lexington MA, Lincoln MA, Littleton MA, Lowell MA, Malden MA, Marlborough MA, Maynard MA, Medford MA, Melrose MA, Natick MA, Newton MA, North Reading MA, Reading MA, Pepperell MA, and Reading MA. They can also work with you if you live in Sherborn MA, Shirley MA, Somerville MA, Stoneham MA, Stow MA, Sudbury MA, Tewksbury MA, Townsend MA, Tyngsborough MA, Wakefield MA, Waltham MA, Watertown MA, Wayland MA, Westford MA, Weston MA, Wilmington MA, Winchester MA, and Woburn MA.
In Suffolk County, one of our attorneys and lawyers can work with you to create a prenuptial agreement if you live in Boston MA, Revere MA, Cambridge MA, Winthrop MA, and Chelsea MA.
In Essex County, one of our attorneys or lawyers can work with you to create a prenuptial agreement if you live in Amesbury MA, Andover MA, Beverly MA, Boxford MA, Danvers MA, Essex MA, Georgetown MA, Gloucester MA, Groveland MA, Hamilton Haverhill MA, and Ipswich MA. They can also handle North Andover MA, Peabody MA, Rockport MA, Rowley MA, Salem MA, Salisbury MA, Saugus MA, Swampscott MA, Topsfield MA, Wenham MA, and West Newbury MA. They can also work with you if you live in Lawrence MA, Lynn MA, Lynnfield MA, Manchester by the Sea MA, Marblehead MA, Merrimac MA, Methuen MA, Middleton Nahant MA, Newbury MA, and Newburyport MA.
In Norfolk County, one of our attorneys or lawyers can work with you to create a prenuptial agreement if you live in Avon MA, Bellingham MA, Braintree MA, Brookline MA, Canton MA, Cohassett MA, Dedham MA, Dover MA, Foxborough MA, Franklin MA, Holbrook MA, Medfield MA, Medway MA, Millis MA, Milton MA, Needham MA, Norfolk MA, Norwood MA, Plainville MA, and Quincy MA. They can also work with you if you live in Randolph MA, Sharon MA, Stoughton MA, Walpole MA, Wellesley MA, Westwood MA, Weymouth MA, and Wrentham MA.
In Plymouth County, one of our attorneys or lawyers can work with you to create a prenuptial agreement if you live in Abington MA, Bridgewater MA, Brockton MA, Carver MA, Duxbury MA, Halifax MA, Hanover MA, Hanson MA, Hingham MA, Hull MA, Kingston MA, Lakeville MA, Marion MA, Marshfield MA, Mattapoisett MA, Middleboro MA, Norwell MA, and Pembrooke MA. They can also work with you if you live in Plymouth MA, Plympton MA, Rochester MA, Rockland MA, Scituate MA, Wareham MA, West Bridgewater MA, Whitman MA, and Eastbridgewater MA.
In Bristol County, one of our attorneys or lawyers can work with you to create a prenuptial agreement if you live in Acushnet MA, Attleboro MA, Berkley MA, Dartmouth MA, Dighton MA, Easton MA, Fairhaven MA, Fall River MA, Freetown MA, Mansfield MA, North Attleborough MA, Norton MA, Rynham MA, Rehoboth MA, Seekonk MA, Somerset MA, Swansea MA, and Westport MA. n Worcester County, one of our attorneys and lawyers can work with you to create a prenuptial agreement if you live in Ashburnham MA, Athol MA, Auburn MA, Barre MA, Berlin MA, Blackstone MA, Bolton MA, Boylston MA, Brookfield MA, Charlton MA, Clinton MA, Douglas MA, Dudley MA, East Brookfield MA, Fitchburg MA, Gardner MA, Grafton MA, Hardwick MA, Harvard MA, Holden MA, Hopedale MA, Hubbardston MA, Lancaster MA, Leicester MA, Leominster MA, Lunenburg MA, Mendon MA, Milford MA, Millbury MA, and Millville MA. The other cities we serve within Worcester County include New Braintree MA, North Brookfield MA, Northborough MA, Northbridge MA, Oakham MA, Oxford MA, Paxton MA, Petersham MA, Phillipston MA, Princeton MA, Royalston MA, Rutland MA, Shrewsbury MA, Southborough MA, Southbridge MA, Spencer MA, Sterling MA, Sturbridge MA, Sutton MA, Templeton MA, Upton MA, Uxbridge MA, Warren MA, Webster MA, West Boylston MA, West Brookfield MA, Westborough MA, Westminster MA, Winchendon MA, and Worcester MA.