When a couple is preparing to begin a life together as husband and wife, many consider drafting a prenuptial agreement. Once considered to be solely in the realm of the rich and famous, these contracts are becoming commonplace within many marriages, regardless of wealth. A prenuptial agreement can greatly simplify the property division portion of a Massachusetts divorce, in the event that a marriage does not work out.

In order to create a prenup that will withstand any future legal challenge, there are a few necessary precautions that should be taken at the onset. A prenup should be clearly drafted and easy for all parties to understand. It should outline a fair distribution of assets in the event of a divorce, and not make any extreme or unbalanced demands. Finally, a prenuptial agreement should be just that: an agreement, not a condition of marriage.

Should one party try to challenge a prenup, the matter will likely go before a judge. Judges will review the agreement to ensure that it was created as an outline of how assets are to be divided in the event of divorce. Stipulations or conditions that are unfair or heavily biased toward one party are likely to be thrown out. In the event that the entire document is found to be invalid, the property division process will revert back to the guidelines of the state.

The best way to create a prenuptial agreement that is fair and enforceable is to work together to structure the Massachusetts contract. Both parties should be clear about the property division ramifications written within a prenup, and should willingly accept those provisions upon signing. Couples should approach a prenuptial agreement as a savvy means of financial protection against the ‘worst case’ outcome. Ideally, this is nothing more than a wise precaution that will never need to be put to use.

Source: Channel4000.com, “Getting remarried: Do you need a pre-nup?” Sheri Hack, May 31, 2013