Before a Massachusetts couple gets married, they may draw up a prenuptial agreement that would discuss many of the aspects of what would take place if the couple got a divorce. Property division and alimony are often brought up when making such an agreement in order to understand what each party may be entitled to in the event of a separation. However, there may be situations in which the prenup may be disregarded.

Many individuals do not know how they will react if they suddenly find themselves going through the divorce process. As a result, they could possibly regret signing a prenuptial agreement, especially if they believe that it could result in them getting less alimony or property than they may have received without the agreement. Therefore, in some cases, a party may move to have the agreement thrown out.

A court will give much consideration to the fairness of the agreement before determining whether it should be upheld. If it seems exceedingly unfair as opposed to what the court may have normally awarded, it could potentially be disregarded. The judge may also consider the timing of when the agreement was made. If it appears that a party was unjustly pressured into signing the agreement close to the wedding date, it may also be set aside.

Alimony can be especially important to individuals who will have a considerably lower income after divorce. Parties who may not have worked for some time during their marriage or otherwise relied heavily on their spouse’s income may need alimony to maintain their livelihood. Therefore, individuals who may have signed a prenuptial agreement that states they will receive less alimony may wish to consider exploring how a Massachusetts court may handle the move to have the agreement thrown out.

Source: The Huffington Post, “When a Prenup Gets Thrown Out“, Stann Givens, July 1, 2014