Getting married in Massachusetts? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Massachusetts applies a “two-look” test. At execution, the agreement must be fair and reasonable.
- Massachusetts prenups must be in writing, signed by both parties, and executed voluntarily before the marriage.
Are prenups legal in Massachusetts?
Massachusetts prenups must be in writing, signed by both parties, and executed voluntarily before the marriage. While notarization is not strictly required by statute, it is strongly advised to prove authenticity. Full and fair financial disclosure is expected — either through detailed schedules of assets and liabilities or a clear written waiver. Independent legal counsel is not mandatory but is highly recommended.
What makes a Massachusetts prenup enforceable?
Massachusetts applies a “two-look” test. At execution, the agreement must be fair and reasonable. At enforcement (divorce), it must still be conscionable in light of circumstances. The agreement will not be enforced if it leaves one spouse without sufficient means of support or is unconscionably one-sided at divorce.
What you can—and can’t—include
Parties can waive property rights, inheritance rights, and spousal support. However, provisions affecting child custody or support are unenforceable. Alimony waivers may be set aside if they would leave a spouse unable to support themselves at divorce.
Simple process
Draft and sign well before the wedding to avoid claims of duress. Provide full disclosure, attach asset schedules, and use independent counsel on both sides. Notarize and keep original copies safe.
Next steps
Start your Massachusetts prenup
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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