While Wilcox Court does not use this term, it is clear that unmarried unions do not have the “confidential relationship” that married partners have and therefore do not enjoy the same protection. Cohabitation contracts between same-sex couples are based on the same basis as such contracts between heterosexual couples.  Marriage contracts are not lollypops. These are extremely serious agreements that can deeply penetrate into the financial rights and duties of a marriage. Money, finance and security are a very important part of marriage. That is why I have always been very careful in drawing up marriage contracts. Here are some of my reasons and how I try to compensate for competing interests from the legitimate needs of clients and possible damages to marriage. In addition, “any revaluation of the last marital home at the time of separation would be considered as marital property, subject to division”. The agreement also provided that if the husband owned such a marital home alone, the wife had to leave it, but “the husband was obliged to help the wife relocate and to help the wife,” based on certain principles recognizable by the law of internal relations, such as: one of the basic conditions of a marriage contract valid in Massachusetts, that it is written. Marriage contracts are subject to the written form and the notarial deed. Oral contracts of any kind are difficult to apply, as there is no clear record of the detailed conditions or the actual understanding of the conditions and law that are replaced by these conditions. At Next Phase Legal, we have designed and negotiated pre-marital agreements for clients with complex assets, including private companies and large trust assets.
If you are considering a marriage contract or if your future spouse has raised the issue, contact a trusted Massachusetts attorney by calling Next Phase Legal LLC at (508) 359-4043 or by contacting us via the form available on this site. A potential spouse who asks the other party for a marriage contract actually says several things.