If you're getting married you should have a prenuptial agreement. Without one, should you divorce, a Massachusetts Probate Court will divide all marital assets as the judge deems appropriate. Yes, ALL assets are subject to this rule. That is why it's important for you to have the Prenuptial Agreement attorneys at Percy Law Group, PC on your side. Call our firm today to arrange a free initial consultation regarding your particular Premarital Agreement needs, or complete our online contact form.
The premarital agreement lawyers at Percy Law Group, PC, can create a prenuptial agreement to help ensure that you keep what is yours and that your spouse keeps what is theirs. Massachusetts Probate Court judges have vast leeway in deciding how marital assets are divided. It is too often the case that a divorce results in a windfall for the spouse with less assets or income. Massachusetts law defines a prenuptial agreement as an agreement between two people that spells out how assets are to be divided upon divorce or death. The law requires each person to fully disclose their own assets to the other person during the preparation of the premarital agreement. Failure to do so is a basis for non-enforcement. Equally important is the need for each person to have their own separate legal representation. Spouses have successfully voided prenuptial agreements by claiming they did not have their own representation during the negotiation and signing of the agreement. A prenuptial agreement is of course a sensitive topic to raise while making wedding plans with your spouse. Many fear to even raise the subject due to the perception it is inappropriate or selfish. Those feelings should be respected and tactfully addressed, but they should not result in a decision to ignore the need to have a prenuptial agreement. This is, of course, particularly true for the spouse with more assets and earning capacity. Absent a prenuptial agreement, Massachusetts Probate Courts look to, among other things, the standard of living previously enjoyed by the parties when determining how to divide marital assets and whether maintenance should be paid by one spouse to the other. That can certainly lead to an unfortunate result for the spouse with significantly more assets.
Understand your options with a free initial consultation. Our attorneys and staff are friendly, helpful and happy to answer any questions or concerns that you have throughout the process. We will always keep you informed about the progress of your case and explain your options in clear terms. Decisions will be yours. We are easy to reach and work with your bests interests in mind. We have the experience, and would be pleased to consult with you when you are choosing who will represent you. Speak with our knowledgeable attorneys at Percy Law Group, PC Call us toll free at 508.718.2545 to schedule a free initial consultation.
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