Welcome to my blog! Check back each week for honest advice and key articles on what you need to know about family law, the top 3 reasons to use a divorce attorney and how to make emotional times go smoothly.
Thursday, January 29, 2015
Why should I sign this completely unfair pre-marital agreement
SHOULD I SIGN THIS COMPLETELY UNFAIR PRE MARITAL AGREEMENT?
This is how it all starts.. A young starry eyed lover walks cautiously into my office clutching a large manilla envelope in one hand and my card in the other. "My Father (or it could be mother or friend or boss, even) told me to have you read this over before I sign it. I'm getting married next month and my "intended" told me I should sign it We agreed everything my future spouse owns right now will not be divided if we get divorced. We're not getting divorced, so I'm sure it's all okay, but I promised my Father ( or other older more experienced person) I would have you look at it".
After admiring the ring or other evidence of everlasting love, I sit my lovestruck client down and probe a little further. I need to know who prepared the agreement, why it needs to be signed, what you have in the way of assets and debts and what your spouse to be has in the way of assets and debts. I also need to know about family businesses, trusts and potential inheritances. Present and expected future incomes are important as well as the likelihood of children. We should discuss any discussions you have or have not had with your "intended" concerning the raising of children and the handling of family finances. After reviewing your answers to these questions and many others, I will undoubedly recommend that you NOT sign the proffered agreement. My reasons will likely include but not be limited to the following:
1. Unless you have been married before and already have chidlren, there is no reason to give
away rights Massachusetts law bestows upon divorcing parties.
2. Unless you and your fiancee are equally wealthy at the time of marriage,
your financee is probably using the agreement to guilt you into giving up important rights.
3. The Courts are not likely to enforce an agreement that is so unfair as to be considred
unconsionable.
4. If the agreement is single spaced, exceptionally wordy and more than fifteen pages in
length it was probably drafted by a big city attorney who charged $500.00 per hour or
more to create an unfair document favoring the attorney's client. The attorney is paid
whether or not you sign the agreement so the attorney has no interest in drafting a
fair agreement .
5. If you sign this agreement it will come back to haunt you! When you want to get rid of the
obnoxious spouse who made you sign it, negotiating a fair settlement will be more difficult
and contentious. Your spouse will be convinced the agreement is enforcebable Prooving
otherwise will be an expensive uphill battle.
If I cannot convince you to walk away from the agreement or your finance, just remember, the more unfair the agreement is the less likely a court will enforce it. A few days ago, the Massachusetts Appeals Court affirmed a Probate Court Judge who refused to enforce a twenty year old pre marital ageement giving the wife the beat up house with no equity and the husband the gorgeous multimillion dollar marina.
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