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A Separation Agreement is a written document that describes the terms of the divorce. Once signed, it becomes the legal document that will be used for a no-fault divorce in Massachusetts.
For married couples who want to contractually settle certain financial matters between them as a means of strengthening and stabilizing their marriage, the case of Ansin v. Craven-Ansin, decided by the Massachusetts Supreme Judicial Court in 2010, was great news.
Prenuptial agreements are not lollypops. They are extremely serious agreements that can cut deeply into the financial rights and obligations of a marriage. Money, finances and security are a very important element of marriage.
Recently many articles have been appearing on the internet extolling the virtues of entering into a prenuptial or premarital agreement prior to your marriage. I offer the following reflections from my practice of law and work as a mediator to strongly counter the idea that prenuptial agreements have no cost and provide only benefit to a marrying couple.
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Divorcing couples in Massachusetts can divide their property on their own, or they can leave it up to the court, who will divide all the property equitably. When dividing marital property, courts consider such factors as the length of the marriage, the conduct of the spouses, the occupation and income of the spouses, their employability and the opportunity for each spouse to acquire property in the future.
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