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What makes up a valid pre-nup In Massachusetts?

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Twice burnt

Junior Member
Had a prenup drawn up, basically says We..... both agree that these MAJOR assets and the income generated from them are to remain non-marital property. Then we listed the assets. We did not include a financial statement or list of other items because they all would be considered Marital (including our IRA's) We had it notarized when we signed. Is this legal or would the 'intent' hold up in Massachusetts?? Thanks

The document was done in the past, & now is being tested. Just didn't know if there was any 'case law' that would relate to this or if I could get an idea of the correct language needed? I have such a limited income, and not all attorneys are equal. I want to be sure my guy isn't missing something that could help. If a verbal contract can stand, in other court cases, why can't a signed and notarized document at lease show intent, and the understanding of that intent.
 
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LdiJ

Senior Member
Had a prenup drawn up, basically says We..... both agree that these MAJOR assets and the income generated form them are to remain non-marital property. Then we listed the assets. We did not inlude a financial statement or list of other items because they all would be considered Marital (including our IRA's) We had it noterized when we signed. Is this legal or would the 'intent' hold up in Massachusetts?? Thanks
It may or may not be "legal". You both need to run it by separate attorneys. It is often easy to overturn a prenup if the legal language is not good. Its even sometimes possible to overturn a prenup if the legal language is excellent.

If you are serious about a prenup, you both need attorneys.
 

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