Postnuptial Agreement Empowering You to Move Forward

Westborough Postnuptial Agreement Lawyer

After a couple marries, they may wish to enter into a legally binding marital contract. This document could be an invaluable tool used to resolve matters such as alimony and asset division in the event of a future divorce. It is important to note that a postnuptial agreement does not necessarily mean that you intend to get a divorce. Instead, these agreements can serve as a plan for the future that safeguards your assets should a change in marital status occur.

Our dedicated Westborough postnuptial agreement lawyers can help you create a document that addresses your full range of concerns. Because our team has over 35 combined years of exclusive family law experience, our martial contract attorneys know how to implement beneficial and practical solutions that may help develop a fair and well-grounded postnup agreement.

The Enforceability of a Postnup Agreement

When a couple drafts a postnuptial agreement, it must fulfill specific guidelines to be a valid contract according to the court. A judge must take into account a variety of factors when determining if a particular postnup is enforceable.

First, a court may evaluate if either party used duress or deception when submitting the agreement. The court also may examine the circumstances surrounding the contract, including whether each spouse had an attorney representing their interests and when the document was issued.

Additionally, both parties are required to make all assets known when preparing a postnuptial contract. If either party fails to include certain assets in the final agreement, a court may later determine that it is invalid.

A significant factor in determining the enforceability of a postnuptial agreement is whether the document’s provisions were legally valid and fair for both parties. To determine the fairness of a particular contract, a court may look at the history of the spouses, the document’s terms concerning the division of marital property, and the competence of each party’s respective attorney when the agreement was drawn up. Our attorneys in Westborough understand these guidelines and can help a party draw up a robust and valid postnup agreement.

Terms Commonly Included in Postnuptial Contracts in Westborough

There are a wide range of terms that can be a part of a postnuptial contract. Our Westborough attorneys can review one spouse’s situation, the entirety of their assets, and other pertinent concerns, and advise what provisions should be covered in the final postnuptial agreement.

Postnup contracts frequently discuss how a couple may deal with both separate and marital property in the event of a divorce. While marital property generally refers to assets secured during the marriage, separate property are assets obtained by either party before they got married. Inheritance money and gifts are some examples of assets that may be considered separate property, but retirement and joint bank accounts are typically considered marital property.

If spouses have children, this couple may try to include provisions relating to custody, child support, visitation, and other related issues. However, it is important to note that a judge has the final say on these issues. If a judge believes that the terms a couple propose for their children are not in their best interests, the court may not approve this portion of the postnuptial agreement.

Contact Our Westborough Postnuptial Agreement Attorneys

If you are considering drafting a postnup, you should seek legal advice from one of our extraordinary attorneys. Our Westborough postnuptial agreement lawyers can explain your options and the specific guidelines of these contracts. Reach out today so we can help you prepare an agreement tailored to your family’s situation.

What Our Clients Say

Divorce Is Not a Loss - See How Some of Our Clients Have Overcome Their Situations.
  • I will definitely be referring others to Jolee!

    “I had a tight budget and felt comfortable with their communication about it and the estimate of cost they provided. Jolee asked great questions and seemed to be experienced and knowledgeable.”

    - Nathan P.
  • Caitlyn kept the interests of the child front and center through this process!

    “She was responsive and I believe we reached a good result under the circumstances.”

    - John K.
  • It was such a pleasure to work with Sasha Khan.

    “Sasha was very professional and so caring. ?I spoke to a lot of lawyers prior to choosing to work with Sasha. Once I met with her, I felt comfortable that she will fight for me and my 6 years old son and she did.”

    - Mulu K.
  • O'Connor Family law and its staff were exemplary and highly responsive in facilitating what I needed when I needed it.

    “Caitlin Fletcher handled the sensitive matters regarding my litigation with professionalism and understanding. I felt at all times, advocated and given a clear understanding of my legal options. ...”

    - Michael S.
  • I was represented by Sasha Khan in my divorce and would highly recommend her and O’ Connor Family Law for anyone going through a high conflict divorce.

    “I was represented by Sasha Khan in my divorce and would highly recommend her and O’ Connor Family Law for anyone going through a high conflict divorce. Sasha was always quick to respond to emails and ...”

    - Catherine J.
/

How We Operate

Empowering You to Move Forward 
  • Education

    We don't believe in telling you what to do. Our team's goal is to educate and provide you with favorable options so that you feel empowered to choose the best outcome for yours and your family's needs. 

  • Team-Focused

    When you work with our firm you become part of a collaborative team. You can rest assured that you have a team of two attorneys and a paralegal behind you, who are always up to date on your case. 

  • Compassionate & Aggressive

    When it comes to divorce amicability is our first step - when that doesn't work, we are not afraid to throw on the gloves. As seasoned litigators, we understand that litigation is not a game; it is fighting for justice for you and your children.

Helping You Make the Best Out of Your Situation

Call 774-214-2137 or fill out the form below to get started on your next step.