About the Law – August 2010

By Barry Gordon,
Attorney at Law
bgordon@gmo-law.com

Thoughts on the Pre-Nuptial Agreement

It is difficult dating, finding someone you enjoy being with, perhaps living together and amazingly getting married.  Add to that the significant number of marriages that end in divorce, and it becomes a practical matter to consider a prenuptial agreement.

If you own valuable assets including a business;  if you are marrying someone who is struggling in business or has children from a first marriage; if you were fortunate to be born into  a wealthy family; or if you are entering into a second marriage, then we believe that you should definitely consider a pre-nup. If it seems crass and unromantic, it’s because it is.

The purpose of a prenuptial agreement is NOT to hedge a bet against love, but to set forth a division of assets should the unfortunate and undesired event of either divorce or death occur.  The agreement can be defined to last for a set number of years, or for forever.

You can always change your mind or modify your position after the wedding is long past by amending the agreement.

The most important thing you must do when entering into this agreement: you must disclose everything that you own.  The reason for full disclosure is twofold: first, later challenges will be reduced if you are honest; and two, incomplete disclosure is not a great way to begin a marriage.

Be honest with your intended, and do your planning months before the wedding.  Don’t do it in the midst of a wedding outfit fitting or when the guests are arriving.

Just recently the Supreme Judicial Court of Massachusetts confirmed the acceptance of post-nuptial agreements.  So, if things are changing in your marriage, this is another discussion to have.

Each spouse needs an attorney to finalize these agreements.  For more information and thoughtful ideas, please call Barry Gordon at Gordon, Mond & Ott, P.C. at  617-786-0800, or email bgordon@gmo-law.com .

This column constitutes legal advertising, and as such provides information about the law designed to help users safely cope with their own legal needs.  But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances.  Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.