Marriage involves both personal and financial commitments. Sometimes, couples create a postnuptial agreement to clarify financial expectations and protect assets. Massachusetts law requires these agreements to meet specific legal standards to remain valid.
What is a postnuptial agreement?
A postnuptial agreement is a contract between spouses created after marriage. It outlines how spouses will handle assets, debts, and financial matters in case of divorce or death. Unlike prenuptial agreements, which couples sign before marriage, postnuptial agreements address financial concerns that arise later.
Does Massachusetts enforce postnuptial agreements?
Massachusetts courts recognize postnuptial agreements but scrutinize them closely. To ensure validity, both spouses must fully disclose financial details, enter the agreement voluntarily, and seek independent legal counsel. The terms must remain fair at the time of signing and enforcement. If a judge finds coercion or unfairness, the agreement becomes invalid.
Why do couples sign postnuptial agreements?
Couples sign postnuptial agreements for different reasons. Some want to protect inherited assets, business interests, or financial gifts. Others seek financial clarity after major life changes, such as having children, receiving a large inheritance, or experiencing financial disputes. A well-drafted agreement helps prevent conflicts and provides peace of mind.
Can a postnuptial agreement cover child custody or support?
Massachusetts law does not allow postnuptial agreements to determine child custody or support. Courts decide these matters based on the child’s best interests at the time of separation. However, spouses can include provisions for spousal support and asset division.
What happens if a spouse challenges the agreement?
If one spouse disputes the agreement, the court examines its fairness and creation process. Judges determine whether both spouses understood the terms, had legal representation, and agreed to fair conditions. If the agreement appears one-sided or resulted from pressure, the court may reject it.