Legal Blog

Post Nuptial Agreements maybe enforced.  A good case is Ansin vs. Craben-Ansin 457 mass. 283 2010.  Where in this case, the Judge should determine the minimum; 1) each party has had an opportunity to obtain separate legal counsel with each party’s choosing; 2) prior to that there was fraud or coercion in obtaining the Agreement; 3) or hopefully disclosed by both party’s before the Agreement was executed; 4) each spouse knowingly and exclusively agreed in writing to waive the right to a judicial equitable division of assets and all marital rights in the event of a divorce; and 5) the terms of the Agreement are fair and reasonable at the time of execution and the time of the divorce.

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