MA Divorce Case - Massachusetts Appellate Case - Halperson vs. Halperson

Massachusetts Divorce - Goldstein & Bilodeau, P.C.


About Us

Howard I. Goldstein
David M. Bilodeau

Carmen Brickman

Collaborators & Other Divorce Professionals

Collaborative Divorce Professionals in Massachusetts
Divorce Law Firm &
Divorce Attorney Directory

Divorce Resources & Forms

The Process of Divorce in a Nutshell
Preparing for Divorce
Child Custody in Massachusetts
Child Support in Massachusetts
Prenuptial Agreements
Case on Post Nuptial Agreements
Collaborative Practice
Divorce Law Articles
Massachusetts Divorce Forms
Supplemental Rule 410
Checklist for Divorce
Separation Agreements
Parent Education Programs
Massachusetts Divorce Laws - Chapter 208
Publication 504: Divorced or Separated Individuals
Divorce Resources
Divorce Terminology

Massachusetts Cases on Family Law & Divorce

Massachusetts Divorce Law Cases



65 Mass. App. Ct. 909

Dates: February 9, 2006


A judge of the Probate and Family Court ordered the question of the validity of the parties' antenuptial agreement bifurcated from the remainder of the divorce action. After a brief trial on the antenuptial agreement, a different judge of that court ruled that the antenuptial agreement was invalid, and a "judgment" entered to that effect. The remaining issues of the parties' divorce are still pending. The husband's appeal from the judge's interlocutory ruling on the validity of the antenuptial agreement accordingly is not properly before us, and we remand the matter to the Probate and Family Court for determination of the underlying case. See Mancuso v. Mancuso, 10 Mass. App. Ct. 395, 396-397 (1980); McDonnell v. McDonnell, 39 Mass. App. Ct. 932, 933 (1995).

We need not rehearse the various considerations militating against our consideration of piecemeal appeals, other than to refer to the detailed discussion of the topic in Long v. Wickett, 50 Mass. App. Ct. 380 (2000). The "judgment" does not dispose of all issues in the case; accordingly, without a certification of the type required under Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), it is not final and, hence, not ripe for appeal.(1) Nor did the trial judge report the question under the extraordinary vehicle of Mass.R.Civ.P. 64, as amended, 423 Mass. 1410 (1996).(2) See Foreign Auto Import, Inc. v. Renault N.E., Inc., 367 Mass. 464, 467-468 (1975).

"Accordingly, the matter is remanded to the Probate [and Family] Court with instructions that the notice of assembly of the record issued on [March 31, 2005], is to be vacated. Neither party is to have costs of appeal." Mancuso v. Mancuso, supra at 403.

So ordered.

Deborah Sirotkin Butler for Peter G. Halperson.

Joseph C. Delcore for Flora M. Halperson.




(1) We express no view on whether the question of the validity of an antenuptial agreement is a separate "claim" appropriate for certification under rule 54(b). See Long v. Wickett, supra at 390-395.

(2) We note that the husband moved unsuccessfully in both the trial court and before a single justice of this court to stay proceedings in the trial court pending determination of this appeal.

More cases


left corner layout image
Copyright 2018, - All rights reserved
right corner layout image
Massachusetts Appellate Case - Halperson vs. Halperson