Massachusetts Prenup Laws: Everything You Need to Know

If you are thinking about getting married, your days might be spent on the nitty-gritty of wedding planning. During this time, it can be hard to consider anything else other than your big day. Yet it also makes some sense to focus on practical matters, like the legal and financial ramifications of getting married.

In Massachusetts, an engaged couple can sign a prenuptial agreement to set out their respective property rights and obligations in the event of divorce or death. To be valid under Massachusetts law, a prenup must be reasonable and fair to both parties when it is signed and when it is enforced. Our Boston prenup agreement attorneys can help you draft a contract that complies with Massachusetts law and protects your interests.

Infinity Law Group advocates for clients throughout the greater Boston area in divorce, child custody and support, and other family law matters. We strongly believe that the right legal advice at the right time can save our clients time, money, and stress. To learn more or to talk to a Boston prenup lawyer, reach out to our law offices today.

All About Massachusetts Prenup Laws

A prenup is a contract between two people that is signed before they get married, with the goal of establishing how property will be divided and whether alimony will be paid in the event of divorce (or death). In Massachusetts, prenuptial agreements – also referred to as antenuptial settlements – are permitted. To be valid and enforceable, however, a prenup must meet certain requirements.

As an initial matter, any prenup agreement must be reasonable and fair when it is initially signed and when it is enforced (at the time of divorce). Unlike other types of contracts, an oral prenup is not valid; it must be in writing. It must also include a schedule of property that is current as of the date of the agreement. 

Under Massachusetts law, a prenup can legally address matters such as the characterization of property (as separate or marital property), the division of property in the event of a divorce, and alimony/spousal support. It cannot limit or waive child support obligations. It also cannot contain what is known as a “lifestyle clause,” where one spouse would lose certain rights under the agreement based on things that they might do in life, such as gaining weight or cheating on their spouse.

When a couple with a prenuptial agreement decides to get a divorce, they will typically introduce the contract as part of the proceedings. If one spouse challenges the enforceability of the agreement, then the court will analyze the agreement to determine if it was reasonable and fair at the time that it was signed. A judge will look to several factors to make this decision, including:

• Whether both parties signed the prenuptial agreement voluntarily, without coercion or  threats;
• Whether each party had the opportunity to review the agreement, consult with an attorney, and/or negotiate conditions before signing;
• Whether one or both parties had legal representation;
• Whether both parties completely and truthfully disclosed all assets and liabilities to each other.

For example, if a judge finds that one party to the agreement hid assets from their soon-to-be-ex, they might determine that the prenup is not enforceable. A failure to make a full financial disclosure could be grounds to invalidate the prenup because the agreement might not be considered reasonable and fair.

Even if a court determines that the prenup agreement was reasonable and fair when it was signed, that does not end the inquiry. The judge will take a “second look” at the prenup to decide if it is also reasonable and fair at the time of the divorce. Essentially, the court will determine if the enforcement of the prenuptial agreement would leave one party ‘without sufficient property, maintenance, or appropriate employment’” to support themselves. If the prenup isn’t reasonable and fair at the time of enforcement, it will be invalidated.

These laws are designed to ensure that all parties to a prenuptial agreement are protected. While prenuptial agreements can be an incredibly useful tool, they must be carefully drafted to comply with Massachusetts law. Our Boston prenup attorneys can help you draft a valid, enforceable prenuptial agreement to protect your interests.

How Do Massachusetts Prenup Laws Affect Engaged Couples?

Massachusetts prenup laws are fairly strict – and for good reason. The state has an interest in making sure that one party to the agreement is not taken advantage of during a divorce. While prenups can be a good way to spell out each spouse’s property rights during a divorce, they cannot be used as a way to completely evade legal oversight.

If you are engaged to be married and would like a prenuptial agreement, it is important to understand how these laws affect you. It is also critical to work with a Boston prenup lawyer who can guide you through the process.

A prenuptial agreement that is fair to both parties and that complies with Massachusetts law will likely be upheld. Generally, if you want a prenup, both you and your fiancée should:

• Make a full and fair disclosure of your financial information, including assets, debt, income, and other interests (such as stock holdings).
• Start the process early so that both parties have enough time to negotiate the contract and review the terms with their attorney before signing it.
• Sign the agreement voluntarily, without any coercion or threats.
• Have your own legal representation, which will not only ensure that you understand the terms of the contract but will increase the likelihood that the agreement will be considered fair and reasonable at the time that it was drafted.
• Avoid including any illegal provisions, such as anything that would limit child support for your future children or lifestyle provisions.

Remember that in the event of a divorce, the court will also look to determine whether the agreement is fair and reasonable as it would be enforced. Taking these initial steps can go a long way towards a good result with the initial analysis, and may also increase the likelihood that a court will find that the agreement is enforceable on its “second look.”

Contemplating a Prenup? Give Us a Call.

Prenuptial agreements might not be romantic, but they are smart. When drafted in consideration of Massachusetts law, a prenup can be the best way to protect yourself financially if you get divorced. Our law firm can help you draft and negotiate a prenuptial agreement that complies with Massachusetts legal requirements.

At Infinity Law Group, we represent individuals and families in Massachusetts family law matters. Our work includes advocating for clients in developing prenups as well as handling divorces for our clients. To learn more or to schedule a free consultation with a Boston prenup lawyer, give us a call at 617-250-8236 or fill out our online contact form.

Why Should I Get a Prenup?

There are many good reasons to get a prenuptial agreement, but the biggest one is to protect yourself financially and reduce uncertainty if you do get a divorce. Without a valid prenup, your property will be divided according to Massachusetts divorce law. This can often be far more expensive and stressful than a situation where you know in advance exactly how a divorce will affect you financially.

A prenup might not be the right solution for everyone. However, it can be incredibly useful in situations such as second marriages or where one partner owns a family business or another significant asset. To learn more about signing a Massachusetts prenup agreement, reach out to Infinity Law Group to schedule a free consultation with a Boston prenup lawyer.

Can I Use an Online Prenup Agreement?

Many websites purport to offer prenuptial agreements that comply with Massachusetts law for a relatively small fee. If you are tempted to save money by using one of these prenup-in-a-box services, consider how much you might end up spending if your prenup is declared invalid. If that happens, then you’ll have absolutely no protection, and your property will be divided based on Massachusetts law.

If you want to be sure that your prenup complies with the law – and that it will be enforceable – then you should work with a Boston prenup attorney. They can review your situation and advise you on the steps that you should take to make sure that your prenup agreement is valid. Call Infinity Law Group today to talk to a member of our legal team about your family law matter.

Can a Prenup Be Used to Decide What Happens to Our Property If One of Us Dies?

Yes. This is a common reason that many people want prenuptial agreements, especially when they are getting married for a second time or later in life. With a valid prenup in place, you can specifically outline each other’s property rights upon death. Without a prenuptial agreement, your surviving spouse will be able to claim a share of your property upon your death, even if your intention was for that property to go to your children or someone else.

Prenuptial contracts are a smart way to protect yourself and your family, both in the event of a divorce and death. If you are considering getting married, we can help you draft a prenup agreement that complies with Massachusetts law. Contact Infinity Law Group today to talk to a Boston prenup agreement attorney.

Aren’t Prenups Just for Rich People?

There is a common misconception that prenuptial agreements are just for the ultra-wealthy. In reality, you don’t have to own a Bentley or a summer home to benefit from a prenup. It can be used by people in all different financial situations to protect themselves. In fact, a prenup might be even more useful for “regular” people because divorce can be very expensive. A prenup can cut down on legal fees in the event of a divorce because you will have already agreed on issues related to property.

Getting a prenuptial agreement doesn’t have to be expensive, and it is a fraction of what you’d pay if your divorce case goes to trial.  While a prenup might not be necessary in all situations, it can be a good way to outline each party’s property rights in the event of a divorce. Reach out to Infinity Law Group today to talk to a Boston prenup lawyer.

Do We Each Need Our Own Lawyer for a Prenuptial Agreement?

You are not required to each have your own attorney when signing a prenup agreement. However, it is generally advisable for each party to have their own legal counsel before signing a prenuptial agreement. Remember that Massachusetts courts will look to see if the prenup was fair at the time that it was signed (and again when it is being enforced). If you each have your own representation and are getting independent legal advice before signing, it is a LOT harder to argue that it wasn’t fair or that one party was pressured into signing the agreement. 

While this may seem like an unnecessary expense, it will be a lot less costly than having to fight it out in court. It is also just a smart move to make sure that everyone’s interests are protected, which is something that a couple in love should want for each other. It is also a conflict of interest for one lawyer to represent both parties.

If you’re getting married, call Infinity Law Group today to talk to a Boston prenuptial attorney about your options. We can even recommend someone for your partner to consult with about the prenup.

Can My Prenup Include “Penalties” for Bad Behavior?

While most marriages end because the couple is no longer compatible, there are situations where misconduct, like infidelity, is the cause. If your soon-to-be ex hurt or betrayed you, you might think it’s only fair that they don’t get any of your money or property. For better or for worse, that isn’t how Massachusetts law works – and you can’t include a “penalty” in your prenuptial agreement. These types of lifestyle clauses will be invalidated by the court if you seek to enforce them. 

Instead, your prenuptial agreement should focus on what is fair and reasonable to both parties. You can still protect your financial interests with a prenup, but you can’t punish your ex for what you consider to be bad behavior. Contact Infinity Law Group today to learn more about how we can help you with a prenuptial or postnuptial agreement.

How Much Will a Prenup Cost?

The cost of a prenuptial agreement will vary based on the complexity of the terms. If your prenup is particularly complicated or lengthy, or if it takes a lot of time to come to an agreement, then it will cost more to get a prenup. That being said, it will probably still cost far less than a divorce trial would, as legal fees and other expenses can easily be tens of thousands of dollars.

There is an old saying that an ounce of prevention is worth a pound of cure. This applies to prenuptial agreements. For a relatively small initial investment, you can protect your property and avoid costly legal battles over assets and alimony. Give Infinity Law Group a call today or send us an email to schedule a consultation with a Boston prenuptial agreement lawyer.

Can a Prenup Be Used to Address Debt?

Yes. Prenuptial agreements are commonly understood as a way to protect your assets in the event of a divorce. However, these contracts can also be used to outline responsibility for debts, making it clear that only the spouse who incurred the debt is liable for it. This can prevent you from taking on your ex’s debt if you get divorced. For example, if one spouse comes into the marriage with substantial student loan debt, a prenuptial agreement can specify that this spouse is still responsible for the debt.

However, keep in mind that the agreement must still be fair and reasonable. You probably can’t use a prenuptial agreement to make one spouse responsible for all jointly incurred marital debt (such as for a mortgage for the marital home). There may also be situations where one spouse incurs individual debt for a good reason, such as their partner having a bad credit score. In these cases, a court will likely focus on whether it is fair and reasonable for the prenuptial agreement to be enforced as it relates to debt.

For thoughtful legal advice on what a Massachusetts prenup can – and cannot – include, reach out to Infinity Law Group. Our Boston prenup attorneys will help you draft an agreement that protects you and that will be upheld by a court.

Can We Change Our Prenuptial Agreement After Marriage?

It isn’t uncommon for a couple’s financial situation to change after marriage, which may necessitate a modification of the prenuptial agreement. Under Massachusetts law, prenups can be amended or even revoked after marriage. However, making any change requires the agreement of both spouses in writing. It may also be a good idea for each spouse to have their own legal counsel for a modification or revocation of a prenup.

A well-written prenuptial agreement can help you avoid the need to amend the contract. If it does become necessary to modify your agreement, we can help. Call Infinity Law Group to talk to a Boston prenuptial agreement lawyer.