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Massachusetts Uncontested Divorce: The Best Divorce Money Can Buy

An Agreement in Principle

In Massachusetts, if a married couple seeks a divorce and the couple have come to an “agreement in principle” then they may obtain a Massachusetts uncontested divorce. In a Massachusetts uncontested divorce, unlike a contested divorce, the parties agree to the disposition of all assets and liabilities, as well as child support and alimony, when they file their Massachusetts divorce complaint. If any of these issues remain unresolved, then a Massachusetts contested divorce is warranted and the parties cannot file an uncontested Massachusetts divorce.

What is an “Agreement in Principle?”

An “agreement in principle” simply means that the parties have come to an agreement with respect to all the major issues of their divorce. This includes the division of both assets and liabilities, as well as agreements with respect to child support, child custody and alimony. If there are any disagreements on ANY of these issues, then the parties cannot obtain a Massachusetts uncontested divorce.

Retain An Attorney to Put the Verbal Agreement in Writing

The parties do not need to have anything in writing. The parties may retain an attorney to assist in drafting the party’s entire Separation Agreement. After the Massachusetts Divorce Agreement is put into writing, each party will have the opportunity to have the Separation Agreement reviewed by their own attorney, if desired.

No Attorneys Required, but it’s Helpful

However, there is no requirement that either party or both parties have counsel. It is necessary, however, that there is transparency, honesty, and that both parties understand exactly what they are agreeing to and signing. There is good faith from both parties in an uncontested Massachusetts Divorce.

It is suggested that at least one petitioner in a Massachusetts Uncontested Divorce obtain an attorney, as there is an enormous amount of paperwork to complete, and the process can be complicated for pro se litigants.

Attorney Anthony Rao has handled hundreds of Massachusetts Uncontested Divorces and is available at 617-953-0836 or via email at to discuss your questions regarding a Massachusetts Uncontesed Divorce. Our law firm provides flat-fee uncontested divorce packages for most Massachusetts uncontested divorces. Ask Attorney Rao how that works.

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Prenuptial Agreements in Massachusetts: A Simple Guide to Protecting Your Assets before Marriage

“Money, it’s a gas. Grab that cash with both hands and make a stash” – Pink Floyd.

Divorce is Common & Costly

Divorce is common. In 2020, 41% of all first marriages ended in divorce. A divorce is often a huge financial hit to both the husband and the wife. Worse, children are always caught in the middle of an acrimonious divorce. A hotly contested divorce can last for years. A Massachusetts divorce that goes to trial can cost each litigant tens of thousands of dollars in legal fees & costs. After the litigation is over, the judgment of divorce will divide your assets and your liabilities. Each party has no say. The law and the judge decide. It is a horrible experience.

The Judge Decides, Not You.

After your assets and liabilities are divided, the court in its discretion may award alimony. In Massachusetts, alimony is dependent on numerous factors. One of the biggest factors is the length of marriage. For example, if you are married for 11 years, an alimony order could last for as long as 7 years. This award is given by the trial judge. The trial judge in Massachusetts Family and Probate court has enormous discretion.

Prenuptial Agreement: Control Your Money & Your Future

A Massachusetts Prenuptial Agreement grants both parties control over the division of their assets and liabilities in the event of a divorce. In Massachusetts, the parties can waive their rights to alimony with a prenuptial agreement. Also, Massachusetts now allows for post-nuptial agreements. This allows for parties to come together – after the marriage – to enter into a contract that describes the division of assets and liabilities.

Fair and Reasonable Agreement

The standards for a prenuptial agreement are fair & reasonable both at the time of the signing of the Massachusetts Prenuptial Agreement and at the time the Prenuptial Agreement is enforced, i.e., upon the divorce of the parties. The standard is not an unreasonable one. Both parties should have good faith in negotiations and be honest and transparent.

Attorneys Should Handle the Drafting and Negotiation of Prenuptial Agreements

In order for a Massachusetts Prenuptial Agreement to be enforced here are some of the requirements: 1. Both parties should have legal representation; 2. Both parties must have a complete and full disclosure of all assets and liabilities at the time of the execution of the Massachusetts Prenuptial Agreements; and 3. the Judge at the time of enforcement must determine the Prenuptial Agreement to be fair & reasonable both at the time of the signing of the Prenuptial Agreement and at the time of enforcement.

Income During the Marriage & Separate Property

One of the most important factors to consider when contemplating a Massachusetts Prenuptial Agreement is the definition of “Separate Property.” Meaning, what property will not be divisible upon a divorce. This can be very broad. In Massachusetts, you may define “Separate Property” to include income and property received during the marriage. In other words, all the income and property you obtain during your marriage is not divisible upon the divorce.

This protects both parties. In 2022, both parties have income. Both parties will have inheritances, cryptocurrency, NFTs, and much opportunity for financial gain during their marriage. The Massachusetts Prenuptial Agreement insures fairness for both parties.

If you are considering a Massachusetts Prenuptial Agreement, call Attorney Anthony Rao now at 617-953-0836. Attorney Rao has vast experience in drafting Massachusetts Prenuptial Agreements, including Prenuptial Agreements that protect income streams during the marriage, real and personal property, as well as Prenuptial Agreements that protect non-fungible tokens, and cryptocurrencies.

Anthony Rao, Esq.