Massachusetts Premarital Agreements Package

State:
Massachusetts
Control #:
MA-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Premarital Agreement

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FAQ

Putting the Agreement in Writing. Identify the parties and the document. After titling the document something like Premarital Agreement, you want to identify the two parties by full, legal names and state that they are both willingly entering into the agreement. State the intent of marriage.

A prenuptial agreement does not have to be notarized to be valid. Often, they are notarized, so there is no question that it was actually signed by the parties. Assuming, that neither of you are contesting the validity of the agreement it should be legally viable.

Saving and Spending Strategies A prenuptial agreement should address the couple's future financial plans, including investment and retirement strategies. It should also cover how much income is to be paid into joint and/or separate bank accounts, and whether or not their will be any specific spending allowances.

According to Massachusetts law, prenuptial agreements, sometimes known as "premarital agreements" or "antenuptial agreements" are essentially contracts that the couple signs prior to getting married. The terms in the agreement are legally binding and can be executed if the marriage ends in divorce.

Be in writing. Be signed by both parties of their own free will. They cannot be under duress or be pressured into signing the prenup. Be presented with full disclosure. Be fair and reasonable. Be signed by both parties before a witness and a notary.

A good prenuptial agreement should be fair. It should be entered into between two consenting adults who know what they are doing. The agreement should be fair when it is signed and entered into, and also fair when it is be enforced, whether in the event of a divorce or death.

Assets and Debts. A Prenuptial Agreement is a good way for you and your partner to maintain separate control over personal assets or property that you accumulated before you were together. Dependent Children. Protection of Your Estate Plan.

In California, individuals can draft their prenups. However, without a legal background, it is easy for the prenuptial agreement to be invalidated.Other requirements include a written contract, legal terms within the prenup and the voluntary signatures of both parties.

The premarital agreement is not a notarized document, therefore there is no per se obligation to notarize it.For instance, whenever the prenuptial agreement, in dividing assets between the spouses, also refers to a real estate property transfer, having the document notarized is highly recommended.

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Massachusetts Premarital Agreements Package