It’s that time of year again when I am seeing a lot of prenuptial agreement requests. I call this “happy law” and it is becoming more and more popular with couples who are planning to marry. Such an agreement should clearly define the assets of each party at the time of the signing of the agreement, and what assets the parties are seeking to exclude from the marital estate in the event of death or divorce. The Massachusetts Supreme Judicial Court in DeMatteo v. DeMatteo, 436 Mass. 18, 762 N.E. 2d 797 (2002) added much needed clarity and definition to what constitutes an enforceable prenuptial agreement.
If you are planning to marry and are considering a prenuptial agreement, please give my office a call to discuss this “happy law”.