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PRENUPTIAL AGREEMENTS AND POSTNUPTIAL AGREEMENTS

A prenuptial agreement is essentially a contract between two people before they marry in order  to establish how an asset division will occur in the event of a divorce. It is used to protect  significant assets that are being brought into a marriage by one or both spouses, to protect the
inheritance rights of children from previous marriages, to protect a pre-existing business, or to protect an anticipated inheritance from becoming part of the marital estate.

Postnuptial agreements are agreements made after a marriage and were not favored in Massachusetts until Supreme Judicial Court of Massachusetts decision in Ansin v. Craven-Ansin (2010). A postnuptial agreement is made between spouses during their marriage and is an
agreement as to how the marital assets will be divided in the event the husband and wife choose later to seek a divorce.

Both prenuptial agreements and postnuptial agreements are often challenged on grounds of fault or duress. We understand this and ensure that all aspects required under law are disclosed and that the prenuptial agreement or postnuptial agreement is drafted in a timely and effective manner to sustain potential challenges.

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