A Postnuptial Agreement is entered into by a couple who are already married, most often when they are considering a separation or divorce. They may still be working on their relationship and not yet ready to separate but want to define how their finances would be handled in the event they separated and ultimately divorced. These contracts can also include the couple’s agreement as to how their children will be raised, who will have primary custody, what would be payable for child support, and alimony, if applicable.
Some couples find this to be a valuable way to consider what might happen if they divorce so they can focus their energy on their relationship in the hope they can stay together. Certain conditions must be met for a Postnuptial Agreement to be enforceable in Massachusetts, as follows: each party should have the opportunity to have his/her own attorney during the negotiation of the terms of the agreement, all assets and income must be fully and honestly disclosed, there cannot be fraud or coercion on the part of either party and each must waive the right to have a court determine a division of assets if they divorce in the future.