Massachusetts Divorce Law Monitor : Massachusetts Divorce Lawyer & Attorney : Nancy Van Tine : Burns & Levinson Law Firm : MA Divorce & Family Law : Massachusetts Divorce Law Monitor

Hi there,

Every now and again I have the luxury of getting a colleague to guest post for me.  Today it is my partner, Robin Lynch Nardone.  With spring in the air (well maybe) and with socioeconomic trends making prenuptial agreements more necessary, her article is very timely.

Enjoy!

Guest post by Robin Lynch Nardone, Partner at Burns & Levinson LLP.
Ms. Nardone specializes in family law litigation and mediation. In her litigation practice she handles all aspects of divorce, custody disputes, paternity, post-divorce modification and enforcement of alimony, child support, and other judgments.  She has extensive experience in the negotiation and drafting of prenuptial agreements, cohabitation agreements, and divorce agreements. In addition to litigation, Ms. Nardone is a trained family law mediator. As a neutral mediator, she helps couples amicably resolve family law issues through informed negotiation.

As I look out over the six inches of new snow blanketing my lawn, I dream of summer sunshine, the smell of cut grass, back yard barbeques and summer weddings! If you are in the midst of planning your wedding, as you review your checklist of "to-do's," don't forget that while this winter's snow will melt and the sun will shine on your wedding day, endless fair weather isn't a guarantee. Marriage is entered into at a time when you have a very positive outlook on the future. But what will you do if, over time, storm clouds gather and overshadow your best intentions. Last, but not least, on your “to-do” checklist before marriage should be considering a prenuptial agreement, just in case there are too many rainy days in the future of your marriage.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Hi there,

I keep getting sidetracked from the 10 Steps In The Divorce Process by breaking news stories and I have to admit this one (Mel Gibson's divorce) is a bit tacky!

Admittedly when Mel Gibson married he could have had no idea as to how phenomenally successful he was going to be. He also, given his very public religious convictions, probably did not anticipate a divorce, but still...

Most states, including Massachusetts, recognize the validity of prenuptial agreements.  Mr Gibson hails from Australia, so perhaps at the time he married it was not an option; but here and now if there are, or may be, considerable assets, a prenup is a good thing. Prenups are important to consider if you or your spouse is marrying for the second time and there are children of the first marriage; if there is an inheritance expected in the future; if one party or the other has an interest in a family business. Prenups cannot decide anything regarding children but pretty much everything else can be dealt with.  

I do have a warning, or perhaps caution is a better word, prenups do require partners to talk about finances but the process can be extremely fraught. Here you are planning a wedding AND deciding who gets the wedding presents when you divorce.  I am not personally in favor of prenups for ordinary people, like me, for that reason.

However, if you are planning to be Mel Gibson; or you have wealthy parents, children from a prior marriage, or considerable wealth already and you are thinking of getting married...consider a prenup. In Massachusetts, with both sides having separate, competent counsel, absent fraud and with full disclosure, they are pretty much bullet proof.

Best,

Nancy

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link