The financial disclosure requirements for prenuptial agreements

On Behalf of | Sep 16, 2024 | Family Law

A prenuptial agreement, or prenup, is a plan for handling finances if a marriage ends. One important part of creating a prenup is sharing financial information. 

Both partners need to be open about their finances to make sure the agreement is fair and valid.

What is financial disclosure?

Financial disclosure means sharing detailed information about your money and property with your partner before getting married. You need to provide a full picture of your assets, debts, and income. This helps ensure that both partners understand each other’s financial situation. If one partner hides information, the prenup might not be valid. This is similar to the rules of enforceability for any contract in Massachusetts.

In Massachusetts, both partners must share complete financial details. This includes a list of all assets, like homes, bank accounts, and investments. You also need to disclose debts, such as loans and credit card balances. Additionally, share details about your income, including salaries and other financial sources.

Why is financial disclosure important?

Financial disclosure helps both partners understand each other’s financial status. This way, they can properly draft the prenup based on an accurate financial picture. If one partner does not fully disclose their finances, the other might be able to successfully challenge the prenup in court. Courts look for fairness, and full disclosure is a key part of that.

To avoid problems, partners should gather all relevant financial documents. This includes bank statements, tax returns, and property records. Having these documents ready makes it easier to share accurate financial information.

Openness and honesty about financial matters help both partners create a legitimate prenup that stands up to scrutiny. This step can prevent future disputes and ensure the agreement works as you intended.