With all the planning that goes on with making your wedding day perfect in every way, a prenuptial agreement can seem like the last thing you and your intended want to deal with. And yet, having a clear plan in place in case the “un-thinkable” should come to pass can help ease both parties’ minds. Think of a pre-nup as the “air-bag” for your marriage. Just because you have air-bags in your car doesn’t mean you are definitely going to have an accident, but in case you do, an air-bag can be a lifesaver.
Who needs a Pre-Nup?
Anyone who is getting married should at the very least consider consulting with an attorney about a prenuptial agreement. If you are young and getting married for the first time, you need to come to an agreement with your spouse about what will happen to your future assets in the event of a divorce. If you are older and have already accumulated assets, then it is in your best interest to protect those assets. If you are planning to have children, or have children already, then a pre-nuptial agreement is vital in protecting your assets so they can be passed on to your children.
What if my spouse contests the Prenuptial Agreement?
Until recently, prenuptial agreements were routinely overturned by Massachusetts probate court judges because the aggrieved spouse would claim to have signed the agreement under duress. Nowadays, the courts tend to dismiss the “duress” defense as irrelevant. However, prenuptial agreements can be overturned if they fail to take into account future children born of the marriage.