Counsel for the Economically Disadvantaged Spouse
It is understandable if your future spouse seeks to protect a financial interest with a Prenuptial Agreement, but it is also important to ensure that you are treated fairly.
Prenuptial Agreements are now an accepted aspect of the legal landscape surrounding marriage. And in certain circumstances, although they may be unpalatable, one can understand why their future spouse may seek the protection of a prenup. But it is important to remember that a prenuptial agreement is a legally binding contract between two parties, and each party must be sure to understand and protect their rights.
There is a common misconception that prenuptial agreements are designed to ensure that the disadvantaged spouse receives little or no support upon a divorce. However, it is possible to create a generous prenuptial agreement, and doing so often helps to ensure that it will be upheld by the Probate and Family Court if a divorce happens.
Our goal, when working with disadvantaged spouses, is to educate them on the law of prenuptial agreements generally, and to walk them through the proposed agreement from their future spouse’s attorney. If there is concern that the agreement is unfair, we will brainstorm potential solutions, and negotiate them with opposing counsel, until we reach an agreement that is satisfactory to everyone involved.
Economically disadvantaged spouses should be particularly careful to protect themselves in situations where they have foregone their careers to care for children, and/or where their primary contributions to the family have been non-monetary.