This means that a judge can take into account the magnitude of the discrepancy between the outcome of the agreement and the outcome, in accordance with the legal principles otherwise in force. The judge may consider: As with contracts, post-uptial arrangements are not enforceable if tainted by fraud or coercion, and it is the burden of the spouse that attempts to force the post-uptial arrangement to prove that there is no fraud or coercion. If done correctly, a post-marital agreement can benefit both spouses and in fact be a positive step for a relationship. In some cases, Massachusetts divorce courts may find that a post-marriage agreement is emerging as an attempt by a spouse to make a financial sacrifice to save the marriage. In order to ensure that postnups are not misused for emotional leverage, MA courts will generally subject post-nuptial agreements to greater control than they would in a typical prenupation or separation agreement. In recent years, it has become increasingly common for married people to consider a post-uptial agreement in Massachusetts. A post-nuptial agreement (also known as a marriage contract and commonly known as “Postnup”) aims to establish a clear understanding of the management and control of finances and assets in order to create a more harmonious marriage. However, spouses cannot create a “post-nup” as part of “divorce planning” or in anticipation of a divorce. It is incredibly important to understand, because it could invalidate a post-uptial agreement and render it unenforceable.
In Ansin v. Craven-Ansin, the Supreme Court of the MA, ruled that an agreement between a man and a woman to determine the financial consequences of a future divorce, which was not contemplated at the time, was indeed enforceable and did not violate public policy. A recent Massachusetts Supreme Judicial Court case on post-nuptial agreements, Ansin v. Craven-Ansin, provides a lot of information on what these agreements should contain to meet the legal requirements of fairness. More and more people who wish to stay in their marriage are exploring the possibility of entering into post-up agreements (also known as marriage contracts). These are agreements that generally refer to the financial issues of a mature marriage in which the couple experiences stress, but wants to keep the marriage and not the divorce. Often, the fight against financial problems can relieve marriage and help it progress successfully. Post-up agreements should be concluded in a very sensitive manner, with an understanding of all the legal and other consequences that will result. In Massachusetts, post-nuptial agreements are legal, but must meet certain conditions to be applicable.
They must be carried out with great care. A great way to continue is through mediation, where the mediator helps the couple see each other properly, and separate lawyers check and provide contributions. Another possibility is the collaborative practice in which each spouse is represented by a collaboratively trained lawyer. In a series of four-way one-on-one meetings, spouses and their lawyers work on the agreement to meet the needs of the parties.