Understanding the Rising Popularity of Post-Nuptial Agreements in Massachusetts

Post-nuptial agreements in Massachusetts are on the rise.

This increase reflects a potential change in our current understanding about marriage. This article will review the common reasons couples choose post-nuptial agreements in Massachusetts with our attorneys – and some of the limitations and experiences.

Post-nuptial agreements, not to be confused with “prenups” occur after you are married, not before.  I know it is easy to think that the only thing more unromantic than dividing your assets before you are married is dividing them while staying married.  However, I think, the upward trend is that many are acknowledging that the grass may not be greener, and leaving the marriage may not be the best solution.

Postnups recognize divorce is not the only option and create a third option.  You can have the divorce, without the divorce.

Knowing the construct of post-divorce life alleviates the angst so all your energy may be focused on the relationship. The most common reason I see post-nuptial agreements among my clients is that your spouse is cheating.  Either the cheater wants the agreement to show their spouse they are serious about staying or the jilted spouse will demand, for instance, the marital home, to stay in the marriage.  You can also add a cheater’s penalty (which I call the Beyonce clause because it is in her prenuptial) so that if your spouse cheats again you will get something more.  This is also used when one party is about to receive an inheritance.  If in the back of your mind you believe this may not be forever, it is used to keep the things that belong in “your” family (which may be a sign this marriage won’t last).  Recently, this came up in a second marriage, of just a few years.  Husband was concerned that his Wife was with him for the wrong reasons, money, but did not really want to end the marriage yet.  He offered instead to effectuate a postnup, to stay together and give it a go and nullify the prenup.  The “postnup” typically deals with financial issues, and it is not just reserved for significant wealth, but there are assets.

If in the back of your mind you believe this may not be forever, it is used to keep the things that belong in “your” family (which may be a sign this marriage won’t last).  Recently, this came up in a second marriage, of just a few years.  Husband was concerned that his Wife was with him for the wrong reasons, money, but did not really want to end the marriage yet.  He offered instead to effectuate a postnup, to stay together and give it a go and nullify the prenup.  The “postnup” typically deals with financial issues, and it is not just reserved to address significant wealth, but when there are assets.

 

Attorney Amy Saunders, Esq.
Legal Solutions
858 Washington Street Suite 103
Dedham, MA 02026
Office: 781-471-5055

781-471-5055 amy@legal.solutions

In accordance with the rules of the Supreme Judicial Court of Massachusetts, this website must be labeled as advertising.  It is intended to provide only general information for readers and is not a substitute for legal advice or a legal opinion on any specific facts or circumstances. In using this site, you understand and acknowledge that there is no attorney-client relationship between you and the attorney.

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