Westborough Prenuptial Agreement Lawyers in Worcester County
A prenuptial agreement is a legally binding document made between future spouses before they get married. A well-drafted prenuptial contract can make a vital difference in protecting your assets in the event of a divorce. Our Westborough prenuptial agreement lawyers at O’Connor Family Law can explain your rights and help you draft a document that meets the legal requirements.
Our attorneys have over 35 combined years of exclusive family law experience. Therefore, we can help you develop a fair and detailed prenuptial agreement that contains provisions relating to alimony, property division, and other issues that may be of concern in the event of a divorce.
Stipulations Included on Westborough Prenuptial Contracts
These agreements may contain a wide range of provisions. Terms in these contracts may outline the division of debt if the couple divorces, who may pay spousal support and how much, and how assets obtained prior to or during the marriage could be split.
Other common provisions a couple may try to include in their prenup agreement are those that concern child support and custody. However, state law does not permit these provisions to necessarily be upheld as it is a judge who has the final say on these matters regardless of what may be in the prenuptial agreement about them. While a couple may include a proposed plan for child custody and support in the event of divorce, if a judge believes that these terms are not in the best interest of the child, they may not approve that part of the contract. Our Westborough attorneys can help a couple prepare a prenup agreement that is tailored to their specific needs while following all legal guidelines.
Preparing an Enforceable Prenup in Westborough
If a couple divorces, the judge may look at several components to determine the enforceability of a couple’s prenuptial agreement. For instance, the contract must not have been signed because of coercion or force on the part of either spouse. If one spouse unjustly compelled the other to sign the document, this could invalidate the agreement or at least a portion of it. If a prenuptial agreement is drafted in the right way, it would be hard for someone to be able to win this type of argument.
Additionally, a prenuptial agreement should be drawn up so that it can be found fair for both partners at the time that there is a request for it to be enforceable. To make this determination, a court may evaluate the events leading up to the enactment of the prenuptial agreement as well as examine if there has been a significant change of circumstances from the time it was executed to the time it is being acted upon that would render it unfair and unconscionable at either of those two points of time.
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Circumstances That Could Render a Premarital Contract Invalid
It is vital to seek skilled legal representation from one of our Westborough attorneys to draft a prenuptial contract. This is because specific details could render an agreement either partially or entirely invalid.
For example, state law does not expressly require future spouses to retain attorneys when creating a prenuptial agreement. However, if a court later determines that one spouse was not sufficiently advised of their legal rights due to a lack of representation, the court medicine without prescriptions us could deem this contract invalid. This essentially means that, although not required, to ensure the prenuptial agreement is upheld at the end of the day, it’s mandatory.
Additionally, when a prenuptial contract is not in writing with a notary’s signature, this is another situation in which a judge may deem an agreement invalid. It is important to note that each party must disclose all of their assets, property, and holdings when creating a prenup. As such, failure to include all assets in the document or submitting erroneous information about one party’s holdings could void a contract.
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