Prenuptial Agreements: Attorney Serving North Shore, Massachusetts


Prenuptial agreements are an effective means for protecting certain kinds of assets, personal property, and closely held businesses prior to marriage. While a prenuptial agreement is subject to approval by a judge, both parties can protect themselves by specifying how certain kinds of marital property will divided, what is exempt from consideration as marital property, and what rights are retained by each should they get divorced.

In order to avoid delays and unwanted complications, it's necessary to first understand what the court is likely to approve and what it is likely to reject. At the law office of Annette L. Baker & Associates, our attorney drafts and reviews prenuptial agreements, making sure the terms contained are enforceable and not unduly prejudicial or burdensome.

We can save you time and ensure your interests and rights are protected. To learn more about prenuptial agreements and how we can help you, contact family law attorney Annette L. Baker today to schedule an appointment.

Home Equity, Closely Held Businesses, and Retirement Plans

Massachusetts is an equitable division state when it comes to dividing marital property after a divorce. In general, "equitable division" does not refer to a 50-50 split down the middle; rather, "equitable division" refers to what the court believes is an equitable and fair division of marital property given each spouse's work, education, health, and income-earning background. Any assets acquired over the course of a marriage are subject to an equitable division, including equity earned on a home you brought into a marriage, your pension plan, or your business.

A prenuptial agreement can protect these assets by exempting them from marital property. However, the court has an interest in making sure your spouse isn't left destitute or without means. As a result, your alimony could be increased or you could be required to accept a majority of any existing marital debt. In each instance, any prenuptial agreement excluding certain kinds of assets from marital property must be carefully reviewed and drafted to ensure it doesn't impose an undue burden on your spouse-to-be.

Prenuptial Agreements and Estate Plans

Second or third marriages can complicate estate plans, especially when there are biological and non-biological children involved. A prenuptial agreement should, therefore, work in conjunction with any will or trust you've established. While your estate plan may make it clear who is to get what, who is to serve as a trustee, and who will be your estate's executor, a prenuptial agreement can reinforce these terms, removing ambiguity or grounds for probate litigation on the part of step-children or an ex-spouse.

Contact Prenuptial Agreement Attorney Annette L. Baker Today

For more information on how a prenuptial contract can help you, contact family law attorney Annette L. Baker today to schedule an appointment and discuss your case.