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Prenuptial agreements offer protections from changing laws

As a Massachusetts couple prepares to say, "I do" it is impossible for them to foresee into the future. Many obstacles may enter their path and, sometimes, the challenges within the marriage become too great. At no fault of the parties, marriages can dissolve and when this happens the important question of "What's next?" enters the picture. Prenuptial agreements can provide guidance for the difficult decisions that may follow.

Couples who create a prenuptial agreement set up protections and guidelines to follow when the unexpected happens. A prenuptial agreement is not a way of saying that a marriage is going to end, but it ensures that each individual is respected in the unfortunate event that it does.

One potential complication that a couple cannot predict is a change in law that may occur during the course of their marriage. For example, several states have recently been moving towards alimony reform. In some cases this makes alimony much more difficult, if not impossible, for an individual to receive.

Florida is one state that is moving forward with alimony reform. A current bill seeks to ban permanent alimony and allow only small amounts for temporary alimony. The bill offers guidelines for alimony dependent on the length of the marriage. Many individuals could have never predicted this change and may be ineligible for alimony in the event of a divorce.

A prenuptial agreement can offer protection for individuals in situations like this. Prenuptial agreements are binding contracts between two parties and allow those parties to bypass laws that otherwise state how assets will be divided. The agreement does more than offer protection from changing laws; it may also protect an individual's assets and protect one party from assuming the debt of the other.

No one enters a marriage intending to get a divorce, but a prenuptial agreement may be the perfect safeguard for marrying couples in the state of Massachusetts. Drafting the agreement with the guidance of a legal professional ensures that each party is adequately and legally protected.

Source: Forbes, "What Divorcing Women Need To Know About Alimony 'Reform'," Jeff Landers, May 17, 2013