Massachusetts Legal Blog

Why a Pre-Marital Agreement is a Smart Decision to Protect Your Assets and Business

Pre-marital agreements divide people when they’re mentioned. These agreements, however, serve an important role and are a helpful tool to avoid long-term problems. Here’s why a pre-marital agreement is a smart decision to protect your assets and business.

What is a Pre-Marital Agreement?

A pre-marital agreement, more commonly known as a “prenup”, is a private legal agreement between a couple that they sign before they marry. This agreement sets the division of the couple’s assets should a divorce or death occur. While many often consider a prenuptial agreement as something only the rich and famous use, in reality, they offer benefits for all couples before marriage.

The Benefits of a Prenup

They Help Protect Your Interests

Pre-marital agreements are a great way to establish safe boundaries regarding property and assets. While some states already recognize the premarital property of both spouses, having this in a written document is an excellent safeguard. This safeguard is especially useful for things such as family heirlooms, bank accounts, family properties or other essential valuables.

They Are More Impactful than Post-Marital Agreements

While prenuptial and postnuptial agreements are the same in concept, they are sometimes viewed differently by family law courts. Postnuptial agreements refer to an agreement forged by a couple after they legally wed. They still lay out the same details, namely which assets are the property of which partner and what is shared.

Depending on the state, prenups and postnups are treated differently. In some states, they are treated as the same, whereas in others, prenuptial agreements are considered legally binding, while postnuptial agreements are under the presumption of being lawfully invalid. This means the burden of proof is on the party seeking the enforcement of the terms.

Help Avoid a Bitter Divorce

Sometimes marriages fail. While this is not something to dwell on before a wedding, a prenuptial agreement can help reduce the stress experienced during a divorce. A prenup helps outline who owns what and can help to reduce the prospects of a messy and bitter divorce battle.

Prenups are Great for Those Who Were Married Before

Many are hesitant to bring up the topic of pre-marital agreements because they don’t want to appear to jinx a marriage or leave their partner feeling they aren’t fully committed to the relationship. For those who have been previously married, those who are older, or those who have children from a previous relationship, a prenup is an excellent idea.

A prenup helps protect children should something go wrong in the relationship. Furthermore, those who have been previously wed likely understand the dangers of lacking such an agreement and the effects they can have on assets.

Considering a Prenup? Contact an Experienced Family Law Attorney Today

No one gets married planning on a divorce, but when it goes in that direction, it’s essential you have your best interests protected. If you are looking for an experienced family law attorney to help you draft a pre-marital agreement, contact the Shapiro Law Group. Our family law attorneys are versed in all facets of family law and understand the complexities of determining assets and prenups. Pick up the phone and call the dedicated Massachusetts family law and divorce attorneys today at the Shapiro Law Group at 339-200-9933.