Category Archives: Prenuptial Agreement

Why do we both need attorneys when drafting a prenuptial agreement? (Part III)

Previously, I had discussed why both person must have his or her own attorney when signing a prenuptial agreement, as well as what the job of a drafting attorney is.  Now, I will discuss what exactly the reviewing attorney does.  This discussion may be the most important of all three, since the information is often…

Why do we both need attorneys when drafting a prenuptial agreement? (Part II)

As discussed in my last post, in Massachusetts, a prenuptial agreement is only valid if each person has his or her own attorney.  While I explained the why, I didn’t explain the how: namely, the job of each attorney.  It would be a waste of time, money, and energy for both attorneys to do the…

Why do we both need attorneys when drafting a prenuptial agreement? (Part I)

Many people are surprised to learn that if you want to sign a valid prenuptial agreement in Massachusetts, each person needs to have his or her own attorney.  The need for two attorneys seems counter intuitive, because you and your future spouse think of drafting your prenuptial agreement as a cooperative process rather than an adversarial…

Protecting Your Pets in a Prenuptial Agreement

  According to the American Veterinary Medical Association, as of 2007, roughly 37% of American households include at least one dog, and about 32% include at least one cat.  Those of us who own pets often think of them as members of the family.  We lavish them with affection, and invest time and money in…

How to Hire a Prenup Attorney

Most prenup attorneys are also divorce attorneys.  That’s because divorce lawyers know very well the divorce laws of the state and are probably in the best position to advise clients about prenups (to hedge against divorce).  However, their strengths can also be their weakness.  Although divorce lawyers know the law very well, they also tend…

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…

Does a prenup ever expire?

There is no law that dictates that after a certain number of years, a prenuptial agreement automatically expire.  However, you can have a prenup that included language in it so that it will expire and have no more effect after a certain number of years.  This is called a sunset clause.  Absent the sunset clause…

What is the “second look” of a Prenuptial Agreement?

You might either be researching prenups online and come across the term “second look” or your prenup attorney might have mentioned it to you and in the midst of all the information the attorney is giving you, you didn’t understand his explanation of the “second look.” When a prenuptial agreement is drafted in Massachusetts, the…

What is a Sunset clause in a Prenuptial Agreement?

You often hear of the term “sunset clause” when it comes to contracts and prenups.  So what are they?  Simply put, it is a paragraph of legal language that is included in the prenup that lays out when the prenup will no longer be valid. Why would anyone want that? Well, you might foresee a…