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Marital Agreement Lawyers 

Assisting Clients in Westborough and Surrounding Areas in Worcester County

It seems to be one of our basic instincts as humans to protect ourselves, our families, and our assets throughout our lives. What does this look like when you legally marry someone else? What if their vision of what matters is different from yours? What does that mean for you and your children or your assets in the event of a divorce?

Having a marital agreement in place can help alleviate these types of questions for you and your partner. The topic itself isn’t always easy to discuss for couples, as no one enters into a marriage planning for divorce. But a marital agreement can offer peace of mind to both parties, knowing that should the worst happen, some of the topics that are most sensitive are already covered, allowing for a less combative divorce.

O’Connor Family Law Firm has assisted many people over the years with their marital agreements, and we look forward to helping you too. Call us at (774) 315-4220 today to learn more.

What Is a Prenuptial Agreement?

A Prenuptial Agreement or “prenup” is a document that details the couple’s expectations in the event of a divorce. It can specify things relating to their assets, whether or not alimony (spousal support) will be paid, who can keep future assets such as an inheritance, and how insurance policies are handled, for example. It can also detail how assets are split between children from prior relationships and things like how property will be separated between the parties.

Not all prenups are enforceable, and therefore it’s crucial to make sure you have created one that follows the guidelines so that it is deemed valid by the courts if you should need to use it in the future. Some of the items that are reviewed by the courts for validity/enforceability purposes are whether both parties were transparent in sharing their complete financial pictures with one another at the time of the prenup. Was either party hiding assets? Was everything discussed and documented so that both parties could make a well-informed decision to sign the prenup? Another aspect is the timeline of when the prenup was signed in relation to the wedding date. There isn’t a specific timeline required, but judges mostly want to make sure both parties had ample time to review the prenup and make a decision in their best interests. They also want to make sure that both parties had legal representation so their rights and expectations could be well defined and understood as it was stipulated in the prenup. Finally, they want to make sure both parties entered into the prenup without coercion or threats from the other party.

An infidelity clause may also be included in a prenup in Massachusetts. These generally state that in the event one of the parties cheats on the other, some sort of financial penalty will result. This can include things like the denial of alimony or incurring a certain amount of money awarded to the party that was cheated on.

A social media clause can also be added to establish guidelines for both parties as it pertains to what types of comments or activities are permissible on social media during the marriage. If one of the parties doesn’t follow the guidelines, they may be subject to financial penalties.

What Is a Postnuptial Agreement?

Similar to a prenup, a postnuptial agreement, or “postnup,” has gained more popularity over the years. They weren’t always recognized in all states but are now part of Massachusetts Marital Agreements. A postnup also helps to protect assets and outline expectations in the event of a divorce. They are created after the couple has married, therefore postnuptial.

Postnuptial agreements are created for various reasons, but some of the most common arewhen one spouse is protecting a future inheritance, there has been a significant change in the income of one or both parties, or a business ownership clarification is needed, for example.

There are several factors, just as in the case of the prenuptial agreements, that judges will scrutinize to determine the validity of the document. Most of the same information, such as whether or not both parties had sufficient legal counsel to help them thoroughly understand the implications of the document, ample time to review or edit the document, and whether or not both parties were transparent when documenting their debt and income, is reviewed to make sure both parties’ best interests have been considered.

    "O'Connor Family Law and specifically Lydia Field were amazing throughout my entire divorce process. Lydia was so knowledgeable, responsive, and helpful as we worked through the mountains of paperwork."

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    "I am so happy with the services Attorney Khan provided, she came in at the last minute after a previous attorney did not fulfil his duties and she found errors he had made, worked all weekend on a rush to finalize my divorce."

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    "LaKeshia Parker Smalls and her team were so wonderful throughout my divorce process. I spoke with a few other lawyers before hiring her who made me feel like a burden with all the questions I needed answers to."

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    "Sasha Khan worked with me for 10 months on a child custody modification. She had a difficult case with the opposing party, but was very professional and driven to defend me and give advice through a very difficult time in my life."

    - Shannon W.

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