Prenuptial Agreements
Prenuptial agreements (also known as premarital agreements and antenuptial agreements) are getting much media coverage today, although they are relatively infrequent in marriages. They can arise in both the first marriage and the second (or subsequent) marriages.
In many first marriages, negotiation of a premarital agreement happens right before the wedding. Sometimes the request is a surprise delivered to the future spouse. Sometimes there is notice and there is more time to consider it. It generally arises when there is a more-moneyed spouse (or one with family wealth) and a less-moneyed spouse. In subsequent marriages, financial imbalances as well as concern for children from prior marriages often prompt the request for a premarital agreement.
The wish to have a premarital agreement on the part of a spouse-to-be almost always causes great consternation and, often, bad feelings that do not go away. As parties’ age and the marriage matures, the financial considerations of marriage become an important aspect. A prenuptial agreement can contract away important features of marriage, and needs to be carefully considered.
Often attorneys are insensitive to the detrimental emotional, personal, and marital effect produced by a prenuptial agreement (and its negotiation) and provide boilerplate premarital agreements that are harmful and do not recognize or respect the wishes and goals of the couple. Mediation is an optimal setting for the future spouses to come together and talk about their goals, interests, and concerns. They can themselves determine what should be the terms and provisions in their prenuptial agreement.
If you are considering mediation services, and would like to speak with a MCFM mediator, search our database for family mediators specializing in Prenuptial Agreements within the Commonwealth of Massachusetts.
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