Divorce and Family Agreements

Cohabitation Agreements

Cohabitation agreements are contracts made by unmarried people who live (or plan to live) together. In 1998 the Massachusetts Supreme Judicial Court ruled for the first time that “unmarried cohabitants may lawfully contract concerning property, financial, and other matters relevant to their relationship. Such a contract is subject to the rules of contract law and is valid even if expressly made in contemplation of a common living arrangement….” (Wilcox v. Trautz, 427 Mass. 326, 332.)

Premarital Agreements

Premarital Agreements (previously known as ‘prenuptial’ or ‘antenuptial’ agreements) are contracts made by people before they marry. They are designed by prospective spouses to define and limit their separate ownership interests in property after marriage. Premarital Agreements do not take effect until the marriage has occurred. Thus an enforceable premarital agreement can determine the distribution of marital assets at the end of a marriage — immediately after the wedding.

Marital Agreements

Previously known as ‘postnuptial’ agreements, Marital Agreements are private contracts negotiated by spouses with no imminent plans to divorce, who wish to define certain rights and obligations while married, regardless of whether they are living together or apart.

Separation Agreements

separation agreement is a contract designed to settle all outstanding marital issues, drafted after marriage in anticipation of divorce. It defines the legal end of the couple’s relationship as spouses and determines their post-divorce rights and obligations. Before any couple is granted a non-adversarial, no-fault divorce in Massachusetts, their signed, notarized, separation agreement must be submitted to a probate and family court for approval.

Post-Divorce Modifications

Ex-spouses often find themselves in situations they didn’t anticipate when they divorced, especially when children are involved. When ex-spouses can’t agree on how to resolve a post-divorce dispute there is always recourse to the court as adversaries, asking a judge to modify or reverse a previous order or judgment. However, many post-divorce changes can be easily accommodated by agreement with little or no court involvement. When ex-spouses agree on the changes needed to adjust to new circumstances, there are three non-adversarial options available: verbal agreements, written agreements and joint petitions.