When May A Separation, Cohabitation, Marriage Or Spousal Agreement Be Invalid?

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When May A Separation, Cohabitation, Marriage Or Spousal Agreement Be Invalid?

A Court may disregard may disregard spousal support provisions in a spousal support agreement if any of the following circumstances apply and the Court is of the opinion that the separation agreement would be unfair:

the spouse who challenges the agreement did not have independent legal advice;
the agreement was obtained only by one spouse having removed a barrier to enable the other spouse to remarry in the other spouse's faith (such as the requirement of a religious divorce which requires the consent of both spouses);
a spousal support agreement entered into while the spouses were living together in a common law relationship (cohabitation agreement) may be invalidated upon the spouses becoming married to each other (unless the agreement has a term that it is made in contemplation of their future marriage to each other and the terms will survive upon their marriage);
one of the spouses is on social assistance without reasonable support from the other spouse.

Other Massachusetts Family Law FAQs

Q: What Rights Does A Married Persons Have With Respect To Property?
A: Subject to rights of spouses in real property under The Homesteads Act and provisions of The Family Maintenance Act, or provisions in any prenuptial or … More
Q: What Are Restrictions On Transfer Of Property Of Married Persons?
A: The Homesteads Act defines "homestead" as " residence…occupied by the (married) owner the owner's spouse as their home…" and gives a surviving spouse a life interest … More
Q: What Is A Separation?
A: A separation exists when a husband or wife ceases to live together with the other of them and it is doubtful if a reconciliation between them is possible. Although it … More
Q: What Happens On Separation?
A: On separation all sorts of questions arise involving obligations and possible rights of the husband and wife, including: right to remain in the matrimonial home, with … More
Q: At What Point Are People Who Live Together Considered By Law To Be Spouses?
A: People of opposite sexes who live together, not married to each other, may be considered spouses: under the Family Law Act, if they have been living together for … More
Q: What Rights At Law May Common-Law Spouses Not Have That Married Spouses Have?
A: A commonlaw spouse may not have an equal right with the other spouse to: live in the matrimonial home; an equalization of property acquired during their … More
Q: In Any Marriage Or Family Breakdown Situation, Or The Death Of A Surviving Or Sole Effective Parent, How Is It Determined Who Is Entitled To Custody Of Children?
A: The main concern of the courts and authorities operating under the law is what is in the best interests of the children. Factors looked to reach that determination may … More
Q: What Determines Accessibility To A Child By The Parent Who Does Not Have Custody?
A: Again, the best interests and needs of the child will govern the decision of the courts and authorities. Similar factors to the ones looked at in a custody question … More
Q: Could A Parent Be Prevented From Having Access To A Child?
A: If a parent was involved in child or spousal abuse, or was for any good reason a risk to a child's physical or mental wellbeing, access could be ordered … More
Q: What Might Happen If Both Parents Were Found To Be Either Dysfunctional Or Otherwise An Unacceptable Risk To The Well-Being Of A Child, Or If A Sole Parent Died?
A: Willing and concerned relatives, such as a grandparents or aunt and uncle could request, would be considered and might be appointed guardians or foster parents.