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Prenuptial Agreements: An Act of Love

Are you concerned about the financial effect a prior marriage could have on a new union?

Do you have a business or assets you created before this marriage?

Are you worried about how you will support yourself if you are divorced in the future? 

You are not alone.

“As somebody who, in my second marriage, insisted on a prenuptial agreement, I can also testify that sometimes it is an act of love to chart the exit strategy before you enter the union, in order to make sure that not only you, but your partner as well, knows that there will be no World War III should hearts and minds, for any sad reason, change.”

- Elizabeth Gilbert

Atty. Georgiana (“Gina”) LaFortune gets it.

You are in love. You want to get married. You are afraid; afraid to have to share the portion of your hard earned assets (pension, business value, real estate, other assets) with your new spouse, not because you have doubts about this marriage, but because you were divorced already and everything you worked so hard to accumulate has already been diminished by the property settlement and, maybe, alimony payment, you agreed to or were ordered to pay after a prior divorce.

OR

You are in love. You want to get married. You are afraid; afraid that you might give up your career to have children, raise them and take care of the household. Or, you are afraid that you will help your spouse develop a business or advance his or her education and / or career, to the neglect of your own financial future.

Whatever your concerns are, you can consider the prenuptial agreement as a way to provide for each other’s concerns and needs if the marriage does not go as planned. If you both understand the other’s motivation, pre-marital assets, and concerns, you can agree to a prenuptial agreement that will be fair if there is a divorce.

Think of a prenuptial agreement as a way of taking care of each other’s concerns rather than a precursor to the end of the marriage. Parties can renegotiate the terms after the marriage upon agreement and satisfaction of the same legal requirements as originally considered as those may be changed by any new statutory or case law.

A prenuptial agreement must be carefully drafted and consider Massachusetts statutory law, as well as particular issues that have risen in Massachusetts case law. It should not be done at the last minute and should be reviewed by the husband to be and bride to be with their own, different attorneys to increase the likelihood of the document being given effect if and when the time comes to use it.

If you have questions or are just curious about whether or not a prenuptial agreement may be of interest to you, please do not hesitate to call and make an appointment to talk about your options in detail.

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