Properly executed pre-nuptial agreements have been enforceable for sometime in the state of Massachusetts. These agreements are entered into by a couple, before they are married, to protect assets each party had at the time of marriage. We have been preparing pre-nuptial agreements on behalf of our clients for the past eighteen (18) years.

Post-nuptial agreements, however, are entered into after a couple is married. They were considered invalid in the United States at one time and the present case law in Massachusetts has been uncertain as to the current validity, until recently. On July 16, 2010, a Massachusetts Supreme Judicial Court case entitled Ansin v. Craven-Ansin, became the first enforced post-nuptial agreement in the state of Massachusetts. Therefore, it is now possible for a couple to remain married, yet prepare an agreement regarding how their assets are to be divided in the event of a divorce. This agreement could be helpful for parties who are thinking of getting a divorce or are afraid of losing additional assets if the marriage were to be extended. By having an agreement prepared in advance, neither party would be worried about prematurely ending the marriage and could have a degree of certainty as to how their assets would be divided down the road.

In the event that you, or someone you know, is a candidate for a pre-nuptial or post-nuptial agreement, do not hesitate to contact us at Amaral & Associates, P.C., at (617)539-1010.