Prenuptial, Post-Nuptial & Postmarital Agreements

Massachusetts Premarital Agreement Lawyer

Law Office of Kevin P. O'Malley, P.C.


Massachusetts Premarital Agreement Lawyer

Pre-marital agreements, often called prenuptial agreements or “prenups” have become increasingly important. As individuals wait longer to get married, they often accumulate more assets that are worth protecting. For second or subsequent marriages, prenuptial agreements have become nearly a legal necessity, as each spouse may be bringing significant long-term investments that were awarded in their previous divorce settlement or judgment.

Validity of a prenuptial agreement

There is a two-pronged test to determine whether a prenuptial agreement is legally valid. First, the courts will determine whether the prenuptial agreement fair and reasonable for both parties. Second, the court will ask whether there was full disclosure of assets and debt being brought into the marriage. The right attorney can make sure your prenuptial agreement is valid.

The Law Office of Kevin P. O’Malley, P.C. in Medford, Massachusetts, can help you protect your individual assets prior to your marriage. We will discuss your current financial circumstances, draft and negotiate the prenuptial or post-nuptial agreement that is best for you. Time is an important factor in making sure prenuptial agreements are legally binding. The time to talk with us is immediately following your decision to get married. Contact us right away. The more time there is between negotiating and executing a prenuptial agreement and the wedding date, the more likely the courts will be to consider the agreement enforceable. Coming in just a few days or even a few weeks prior to the wedding may cast doubt upon its validity.

Co-habitation agreements

Massachusetts has some of the most far-reaching laws in the nation regarding the rights of unmarried people living in a co-habitation arrangement. Co-habitation agreements are best thought of as legal contracts between parties. Simply put, if you are living with someone and think you have a general agreement regarding division of financial and material assets, get it in writing. Courts will view your agreement the same way they would other personal and business contracts. If it’s not in writing, it will probably not be enforceable at the time of the breakup. Whether you are considering moving in together or have been living in a co-habitation arrangement for a long time, make sure your verbal agreements are put in writing. Come into our offices to have your co-habitation agreement written and signed into a valid contract. Contact us to learn more about our full range of family law services for married and unmarried couples.


Phone: 781-395-7070

Fax: 781-391-6919

Business Hours: 8a-5:00p M-F

Address: One Shipyard Way Suite 1190 Medford, MA 02155

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