Massachusetts Appellate Cases / Prenuptial & Antenuptial Agreements
On this page we are compiling links to the full text of important Massachusetts Appellate Cases on Family Law and Divorce decided by the Massachusetts Supreme Judicial Court and the Massachusetts Appeals Court.
These cases are for educational purpose only and should not be used for any official or legal purpose. Please consult official reports. Below you will be able to search for Massachusetts Appeals Court Slip Opinions and Massachusetts Supreme Judicial Court Slip Opinions relating to Prenuptial / Antenuptial Agreements.
Prenuptial / Antenuptial Agreement cases in Massachusetts
Austin v. Austin, 445 Mass. 601 (2005): Alimony waiver in antenuptial agreement was found to be valid because it was fair and reasonable at the time of execution and it was conscionable at the time of the divorce. Antenuptial agreements that waive alimony are not per se against public policy and can be specifically enforced where valid.
Dematteo v. Dematteo, 436 Mass. 18 (2002): Antenuptial agreement was held enforceable at the time of execution even though the wife claimed she lacked knowledge of a large part of the husband's estate because the court did not find evidence showing that the wife did not have time to explore her options and make a fully informed decision. Husband disclosed his net worth two weeks before the agreement was executed and the parties exchanged offers and counteroffers. Full and fair disclosure of each party's financial circumstances is a significant aspect of parties obligation to deal with each other fairly when entering into an antenuptial agreement.
Halperson v. Halperson, 65 Mass. App. Ct. 909 (2006): Where the issue of an antenuptial agreement is bifurcated from a divorce proceeding, the issue is not final, and therefore appealable, until the divorce proceeding itself is final. Cannot appeal the bifurcated issues of a divorce, until a final judgment has been rendered over the divorce proceedings. Knox v. Remick, 371 Mass. 433 (1976): If a judge finds that a parties' separation agreement "was not a product of fraud or coercion," fair and reasonable at the time of entry of the judgment nisi, and the parties agreed to the finality of their agreement's provision regarding spousal support, then the separation agreement should be specifically enforced 'absent countervailing equities.' An example of 'countervailing equities' may be that a spouse is or will become a public charge or where a party has not complied with a provision of the separation agreement.
Korff v. Korff, 64 Mass. App. Ct. 94 (2005): Once a trial judge has determined that an antenuptial agreement is valid, he cannot alter the provisions of said agreement.
Osborne v. Osborne, 384 Mass. 591 (1981): First case holding that prenuptial agreements may be enforced, provided that there is a full disclosure and that they are fair and reasonable at the time that enforcement is sought, and there has been no fraudulent conduct by either party.
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