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Hanover Postnuptial Agreement Lawyer
In addition to joining two lives together, marriage has various legal implications that can have a substantial impact on either party’s future. From altering property ownership to allocating liabilities, couples may benefit from contractually modifying certain default marital rights. A well-executed postnup can protect your family and secure your financial future.
A Hanover postnuptial agreement lawyer can help you understand your marital rights and adapt them to suit your needs. With over 35 combined years of exclusive family law experience, our team at O’Connor Family Law is equipped to help you draft a fair agreement that protects you in the event of unexpected marital changes.
Permissible Contents of Postnuptial Agreements
Massachusetts General Law, Chapter 209, §13 allows couples to enter postnups to change any default property laws that would otherwise apply to them. These contracts may address future property rights to the same extent as premarital agreements but can also modify existing ownership of property or debts. Marital settlements may include provisions related to:
- Ownership of homes and land
- Distribution of net income
- Designation of specific property as separate or marital
- Inheritance rights
- Ownership rights to joint businesses
- Protecting one spouse’s investment in the other’s financial ventures
- Default guardianship laws in the event of mental illness or incapacitation
- Distribution of property in the event of death, separation, or divorce
Additionally, according to Mass. Gen. Law, Chap. 209, §1A, couples may change default tenancy designations and expressly agree to pool financial resources that may otherwise be deemed as separate property.
A skilled lawyer can help draft a postnuptial agreement clarifying or modifying these default property designations. It is important to note that couples who share children may not include provisions regarding the children’s care or custody, as these decisions are ultimately made by a Judge.
Spouses often enter postnuptial agreements with a local attorney’s help when drafting estate-planning documents. Entering marital contracts along with reciprocal wills, trusts, and healthcare proxies could help spouses protect themselves and their children from unforeseen accidents and illnesses.
Executing Post-marital Contracts in Hanover
While postnuptial contracts can address property distribution in the event of a divorce, if a couple executes postnups while considering separation or divorce, that agreement will undergo heightened scrutiny if either party challenges its enforceability at a later date.
There are certain requirements that should be met in order to avoid a postnuptial agreement being held as invalid. For example, each party should have independent legal counsel before executing a post-marital contract. Judges also analyze whether one party was coerced into signing the agreement, whether each party’s assets were fully disclosed, and if the contract is reasonably fair to both spouses. The court must find that the agreement was reasonable at the time it was entered as well as at the time it is being challenged. Most importantly, courts consider if each spouse fully understood his or her rights before modifying them with a postnup. An attorney in our area could help you meet all of these legal requirements when drafting your postnup.
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