Massachusetts Drafted Prenuptial Agreement

41828985_Frame
When high profile celebrities, actors, and actresses, professional athletes, CEOs, Politicians, prominent Lawyers and Doctors, and successful self employed business owners sign a prenuptial agreement with their soon to be future spouse, you'll often find local news reporters quick to pick up the story and feature it in their newspaper, TV, or Radio show. Many associate prenuptial agreements as a tool for the rich. The good news is that you don't have to be rich or famous to benefit from having a prenuptial agreement . In fact, a prenuptial agreement is becoming more main stream within the middle and upper middle class as word gets out of the benefits it has to offer.

The prenuptial agreement can protect simple assets such as a primary or vacation home purchased prior to your marriage, or a retirement plan that was acquired prior to the marriage, or even an anticipated inheritance. The agreements can be as narrow or as broad as you want it to be as long as its consistent with Massachusetts laws.

Why do I need a Prenuptial Agreement in Massachusetts when I have nothing more than a retirement plan, very little assets to protect, and a marital home for which I have a substantial mortgage?

Many middle to high income families and individuals who aren't millionaires can benefit greatly from having Boston prenup lawyer Robyn A. Briatico draft a prenuptial agreement that is consistent with Massachusetts's laws. Here are just a few of the benefits a prenuptial agreement can bring to you and your family.

  • Prenuptial agreements drafted in Massachusetts can be designed to protect inheritance for children of prior marriages;
  • Prenuptial agreements drafted in Massachusetts can be designed to protect Pensions, Retirement, 401K and Stock Options accumulated prior to marriage;
  • Professional business owners or those who have a private practice such as a doctor, dentist or an attorney can benefit from a prenuptial agreement by protecting your business from spousal claims in the event of a divorce;
  • Many middle income Americans have a 401K, retirement or pension plans, savings accounts, an IRA, and possibly a marital home with some equity that might be worth protecting with a prenuputial agreement; and
  • Prenuptial agreements can provide protection of Children's interest from a previous marriage.
As you can see from the above list of benefits, prenuptial agreements are not just an instrument for the wealthy but an effective estate planning tool when combined with wills and trusts. It is especially useful for second or third marriages and blended families where one of the goals is to ensure that your children from a prior marriage are left with some assets when you die.

What are the going rates or legal fees charged by Boston lawyers to draft a prenuptial agreement that is consistent with Massachusetts laws?

How much should it cost to have a lawyer or attorney draft a prenuptial agreement that is consistent with Massachusetts laws?


Attorney fees for the drafting of a prenuptial agreement very widely depending on a number of factors including the size of the estate, the costs associated with the financial accounting of the estate, inheritances, and the number of provisions you want included in the agreement, to name a few. Remember, the prenuptial agreement can be as narrow or as broad as you want it to be so the costs may very from case to case. You can expect to pay a Boston lawyer anywhere from $750 to $1,500 for a prenuptial agreement or more for a complex prenuptial agreement that requires a business or assets appraisal.

71364555_Frame
Unfortunately the Court will not enforce all prenuptial agreements that are not fair and reasonable. All prenuptial agreements can be challenged in a court of law. The goal is to draft a prenuptial agreement that will be extremely difficult to invalidate in the court of law. The Court must find that the prenuptial agreement is fair and reasonable at the time of drafting and it must also be a fair and reasonable at the time of divorce in order to be enforceable.

Are prenuptial agreements enforceable in the Commonwealth of Massachusetts?


Properly drafted prenuptial agreements that are consistent with Massachusetts laws are enforceable. Boston family law lawyer Robyn A. Briatico will take the following precautions to strengthen your prenuptial agreement to withstand future challenges and stand a better chance of being fully accepted by the Massachusetts courts.

1. We ask our clients to provide us with full financial disclosure by way of their accountants or a financial statement;

2. It's important to not wait for the last minute to draft and sign your prenuptial agreement. We will work with you and your future spouse or fiance's attorney in order to negotiate and sign the prenuptial agreement far in advance of your wedding date;

3. We require that each party have legal representation at the time of the agreement; and

4. The prenuptial agreement needs to be fair and reasonable when it is first drafted and at the time of divorce. If it is found that the agreement is too one sided, the courts may invalidate part or all of the agreement if contested.

How can I protect in massachusetts my premarital assets, property, business, and investments from my future spouse (wife or husband)?

One of your best protections is to get a properly drafted prenuptial agreement that is consistent with Massachusetts laws. Both you and your future spouse (wife or husband) should have your own attorneys negotiate the details of the prenuptial agreement. You should not wait until the last minute to draft and sign the prenuptial agreement.

Why hire Massachusetts Attorney Robyn A. Briatico to draft a prenuptial agreement?

Attorney Robyn A. Briatico will sit down with you, listen to your needs, and custom tailor a prenuptial agreement to meet your goals. She will than negotiate with your future spouse or fiancee's attorney to come up with a fair and reasonable agreement that a Court will likely uphold. You can be confident and reassured that Attorney Robyn A. Briatico will draft a prenuptial agreement that is consistent with Massachusetts laws that meet the criteria listed above in an effort to withstand future challenges and stand a better chance of being enforceable by the Court.

Attorney Robyn A. Briatico is available for a free 20-minute phone consult by contacting her at 617-387-6800.