Post-nuptial agreements have been fairly uncommon in Massachusetts because the law has been unsettled as to whether or not the agreement would be enforceable at the time of divorce. Now that the Supreme Judicial Court has found that post-nuptial agreements are enforceable, mediation becomes an appropriate and effective process for couples to work out the terms of their post-nuptial agreement.

As long as there are specific conditions met, the mediated post-nuptial agreement would be enforceable. The specific conditions the court has outlined are:

1. the opportunity for each party to obtain separate legal counsel of their own choosing;
2. there was no fraud or coercion in obtaining the agreement;
3. all assets were fully disclosed by both before the agreement was executed;
4. each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce;
5. the terms of agreement are fair and reasonable at the time of execution and at the time of divorce.

Mediation of post-nuptial agreements would allow couples to discuss in a non-adversarial and supportive forum the issues that need to be addressed if divorce is imminent, as well as those issues that need to be addressed for the marriage to go forward. Skilled and experienced mediators would be best able to assist a couple in crafting an agreement which has the potential for resolving complex and emotional issues while maintaining the context that the marital relationship must be strengthened and not further damaged by this process. Mediation of a post-nuptial agreement can be a transformative experience for a couple on the brink of divorce or re-commitment to a marriage.

If you have questions about post-nuptial agreements in Massachusetts, call us to schedule a confidential consultation.

Massachusetts mediation attorney Tracy Fischer is a  Greater Boston family and divorce mediator with offices in Danvers and Newton, Massachusetts. She provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.

Attorney Tracy Fischer is a  certified Massachusetts mediator with offices in Danvers and Newton, Massachusetts. She provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.

Attorney Tracy Fischer is a  certified Massachusetts mediator with offices in Danvers and Newton, Massachusetts. She provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.

What This Means For You

The Massachusetts Supreme Judicial Court has made a controversial ruling recently regarding alimony payments. They decided that alimony payments do not automatically end when the paying spouse reaches the age of retirement.

In the recent case the spouse who had been paying alimony, voluntarily retired at the age of 65 and requested to be relieved of his alimony payments. The ex couple’s divorce agreement did not specify that alimony would end at retirement, rather upon the death of either or remarriage. The Supreme Judicial Court ordered that he continue paying alimony to his ex spouse because she had lost her job, concluding that retirement is only one factor in several when it comes to rulings on alimony modifications.

You may be wondering what this means for you. In terms of mediation, it gives divorcing couples additional knowledge to use in the discussion of appropriate alimony provisions for your particular situation. An understanding of what the courts are doing now will aid in the construction of mediated agreements so both parties can address these particular issues before they arise.

In the recent case that the Massachusetts Supreme Judicial Court ruled on, the result may have seemed unfair to the husband, yet fair and just to the wife. In Massachusetts, trial judges have broad discretion in the application of the amount and duration of alimony. This is why it is important to address possible future scenarios during mediation, so as to not have any unforeseen circumstances come up in the future. While it is difficult to know what life is going to be like in the future, planning ahead, even for hypothetical circumstances, can help to make sure things will always be fair for both parties later on.

These recent developments have been causing quite a stir in the legal community. Alimony provisions and what they mean for divorced spouses in the future are still unclear. There are currently bills before the legislature seeking to clarify and modify the language of the Massachusetts statute. While the legislature and courts determine what these laws will be and how they are interpreted, couples can take a proactive approach in determining what their divorce agreement will include by making the most of the mediation process.

Attorney Tracy Fischer is a  certified Massachusetts mediator with offices in Danvers and Newton, Massachusetts. She provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.

Attorney Tracy Fischer assists couples in the Boston Metro West region who are seeking an alternative dispute resolution. Avoiding costly divorce lawyers, litigation and court fees, divorce mediation, when managed by an experienced divorce mediator, can be less costly, less stressful and more timely then bringing your divorce to court.

Attorney Tracy Fischer is a Danvers, MA divorce mediator providing mediation and family law legal services to individuals and families throughout the Boston Metro-North region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Peabody, Salem, Tewksbury, Topsfield, and Wilmington, Massachusetts.