Advertising. In accordance with rules established by the Supreme Judicial Court of Massachusetts. This web site must be labeled
"advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice,
or legal opinion on any specific facts or circumstances. This web site is designed for general information only. Unless and until you enter
into a formal agreement with Attorney Mwangi, he is not your attorney and you do not have an attorney-client relationship with him. All
Rights Reserved. We also offer a service to help you
change your name in Massachusetts.
Mwangi Law Office
PRE-NUPTIAL AND NON-MARITAL AGREEMENTS IN MASSACHUSETTS

Massachusetts Pre-Nuptial Agreements

Do you need help with a pre-nuptial agreement? The scope of a Massachusetts pre-nuptial agreement can be as broad or
as narrow as the couple wants it to be. Pre-nuptial agreements usually govern the use, ownership and disposition of real
and personal property acquired both before and after the marriage, whether the marriage terminates by death of a spouse
or a divorce.

In the event of divorce, the pre-nuptial agreement may provide for a waiver of alimony or provide for amounts payable as
taxable alimony or non-taxable support. The agreement may call for the amount of alimony paid or property conveyed to
vary, depending upon financial circumstances or the length of the marriage. The amount of property to be received by the
less-advantaged spouse usually increases with the length of the marriage.

The following is a list, although clearly not exhaustive, of those subjects which an agreement might address.

  • Treatment of pre-existing property and assets;
  • Treatment of property acquired after marriage;
  • Treatment of property acquired after the marriage by gift, devise, bequest or inheritance;
  • Purchase of future residences;
  • Treatment of Pension Plans (release of which requires signing documents after the marriage;
  • Treatment of earnings;
  • Payment of joint and separate expenses;
  • Payment of debts;
  • Disability of either party;
  • Termination of marriage either by divorce or death;
  • Duration of the agreement;
  • Filing of tax returns;
  • Maintenance of medical and life insurance;
  • Payment of fees for preparation of the agreement;
  • Delineation of household responsibilities;
  • Payment of legal fees for preparation of the Agreement;
  • Whether the Agreement has a limited life.

Entering a valid agreement requires full disclosure of income, assets and debts. The financial data must be reviewed
carefully before the substance of the agreement can be addressed meaningfully. A summary of income, assets (including
such uncertain expectancies as inheritances or settlement of a law suit) and debts for each party should be attached to the
agreement.

Massachusetts Non-Marital Agreements

When couples cohabitate but remain unmarried, the partners often want to define the rights, obligations, and
responsibilities in their relationship. This concern is shared by both heterosexual and same-sex couples.

Non-marital agreements can serve any number of functions but can most commonly clarify responsibilities where the
partners have a joint bank account or otherwise commingle assets and where they incur joint debt or there is a debt
between them. Those responsibilities are most often defined during the relationship and upon termination of the
relationship. The scope of the non-marital agreement can be as broad or as narrow as may be suitable for each couple’s
unique situation.

We invite you to contact us at
www.MassachusettsPrenuptialLawyer.com if you have additional questions.
Contact a Lawyer at the Mwangi Law Office

Contact a Massachusetts lawyer to find out what we can do for you. We offer a free initial consultation. We are available
for evening and weekend appointments in the Boston area.