Attorney Jay Davis has expertise in all aspects of premarital and postmarital agreements in Massachusetts. He will carefully explain the benefits, limitations, realities and effects of your situation and help you negotiate the best contract that is terminated. Call davis Law Group today at 617-221-3548 to discuss your particular situation and whether a reappropriation might be the right path for you. It is important to note that the burden of proving that there was no coercion or fraud in the performance of the post-marital contract lies with the spouse who attempts to impose it in the event of divorce. Jay Davis can offer you strong legal representation to ensure that your rights are fully protected in the event of a divorce involving a terminated contract. Call 617-221-3548 to discuss your case with Jay Davis. A post-marital contract is a document signed by the spouses during their marriage on the division of marital property in the event of divorce. In the family law case Ansin v. Craven-Ansin (2010), the Massachusetts Supreme Court, held that post-legal agreements in Massachusetts could be legally enforceable as long as certain requirements were met in their development and enforcement. This means that a judge can take into account the discrepancy between the result in the agreement and the result, in accordance with legal principles otherwise in force. The judge may bear in mind that a successive contract in MA is only legally applicable if the contract is valid. Davis Law Group has experience in negotiating postnuptials to ensure they are appropriate and legally applicable to your situation.
Call us at 617-221-3548 to make an appointment to discuss the pros and cons of a post-up in your situation. Postnups have a similar purpose to prenups, as they cover the financial aspects of marriage. They are useful when a couple has a conflict but does not want to divorce. A Postnup can determine and divide the property to eliminate this step in case of divorce. Those who have acquired a lot of property during the marriage can benefit from the creation of a post-marital contract. The Massachusetts Supreme Court, in pioneering Ansin v. Craven-Ansin, considered that if a husband and wife reach an agreement to determine the financial consequences of a future divorce (which is not envisaged at the time of the agreement), such an agreement is legally applicable and is not contrary to public policy. A spousal contract has always been a complex subject, and although previously unenforceable, post-marital agreements are now applicable in many states, including Massachusetts. It is clear that the Massachusetts courts will look more closely at a terminated contract than a prenup, or even a separation contract. If you have any further questions about which contracts to terminate, Davis Law Group recommends that you arrange a free and confidential consultation. Since conjugal or conjugal agreements in Massachusetts must undergo rigorous court review before they can be sanctioned, it is important to cooperate with an experienced attorney who ensures that all legal requirements are met when developing and executing the agreement….