I signed a prenuptial agreement before getting married to my husband. This was years ago and now we have a house in Weston, four children and are going through a divorce. Is the prenup legally binding in MA or can we modify it now as we go through mediation? He had a successful start up business in the early 90’s and the prenup excludes me from these assets. He sold the business and since then we’ve been living off the proceeds and he hasn’t earned much of an income. How will these matters be addressed in mediation?
Clearly a lot has changed since the prenuptial agreement was signed. It is important to know exactly what the prenuptial says. The addition of children to your family may have been contemplated in the prenuptial along with what would happen if you divorced after a certain number of years. In general prenups are legally binding, but they must adhere to certain fairness factors that can be reviewed during the mediation process. The actual assets that were considered “separate” under the prenuptial also need to be clarified. The fact that you have been living off the proceeds of the business sale will also need to be addressed. In mediation, all the factors will be taken into consideration, with the ultimate goal to be a fair and reasonable agreement that provides adequately for both of you.