Category Archives: Divorce and Finances

Prenup Struck Down by “Second Look” Test

Prenuptial Agreements are a very special type of contract between two people.  Unlike other contracts which are valid if there is a “meeting of the minds” at the time of the execution of the contract, prenups afford the parties a “second look” or a second bite at the apple to determine validity.  What does that…

Using a Prenup to Deter Divorce

The main purpose of a prenuptial agreement is to agree, ahead of time, to the terms of a divorce, if it should ever happen.  We all hope divorce never happens, just like how we hope when buying health or life insurance, to never have to use it. A fellow (non-legal) blogger Audrey Pollnow has another…

Who needs a Prenuptial Agreement?

Ideally, all couples looking to get married should at least engage in the process of getting a prenuptial agreement.  As I’ve said before, negotiating a prenuptial agreement provides a very valuable opportunity for couples to discuss their mutual financial situations, their outlook on finances and their future goals. I’m often surprised when I do estate…

Can one attorney represent both parties in a prenup?

Just like in any healthy, normal relationship where it takes 2 people to make it work – when a prenup is drafted, there should be 2 attorneys.  One attorney represents one party and the other attorney represents the other soon-to-be-spouse. In addition to drafting prenuptial agreements, I also handle a lot of divorce cases.  I’ve…

Is a Massachusetts Prenuptial Agreement valid everywhere?

Yes.  A prenuptial agreement is simply a contract.  A valid contract is valid in all 50 states despite the change in divorce laws and location. What about states like California and New Mexico that have community property? Well, in those states, your prenuptial agreement will still be valid!  Community property laws or the Equitable Division…

Same-sex marriage and prenuptial agreements

All gay, lesbian and same-sex couples who are planning to marry should get a prenuptial agreement.  This is more important for a same-sex couple than for a heterosexual couple.  Let me explain. Because of the Defense of Marriage Act (DOMA), constitutional bans on same-sex marriage in other states, and a lack of same-sex marriage laws…

Does a prenuptial agreement need to be fair?

Yes and no. In one of my previous posts, I had talked about the criteria for upholding a prenuptial agreement in court and one of the factors was fairness.  When I talk about fairness, it is on a spectrum of how unfair it is.  It’s not whether the prenuptial agreement is fair – or not….

Married For Love – Not Money

This post isn’t about not being a gold-digger or a follow-up to my Divorced but Living Together post.  Now that that’s out of the way… In a recent article in DETAILS magazine, Yaran Noti writes about marriages where couples keep completely separate finances.  Now, they are married and they live together.  They just simply keep separate bank accounts,…