Do mediators help couples create post nuptial agreements?

Deborah (Guest) on Thursday, October 18 2012, 10:05 AM
We were married in Massachusetts two years ago. We did not sign a prenuptial agreement. We are working on our marriage and I’ve heard about post-nuptial agreements. Besides figuring who would get our Needham home, and division of other assets if we end up getting divorced, can we put in division of responsibilities to run the household and family? Is this something a divorce mediator could help us with?
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    Replied by Attorney Tracy Fischer on Thursday, October 18 2012, 10:13 AM · Hide · #1
    In Massachusetts a postnuptial agreement, also known as a post marital agreement, is an agreement on how spouses would divide their property and deal with support issues in the event they divorce, as long as the agreement is not made “in contemplation”of divorce. The court has found this type of agreement enforceable if it meets the following criteria: the opportunity for each party to obtain separate legal counsel of their own choosing; there was no fraud or coercion in obtaining the agreement; all assets were fully disclosed by both before the agreement was executed; each party knowingly waives in writing the right to a judicial equitable division of marital property and assets in the event of divorce; and the terms of agreement are fair and reasonable at the time of execution and at the time of divorce.
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