Download Massachusetts Postnuptial Agreement Form [PDF]

The Massachusetts postnuptial agreement is a legal document that parties who are already married use to determine their financial and non-financial relationship during the marriage and in case they get divorced.

The main difference between a postnuptial and prenuptial agreement is in the moment of signing the document. With the prenup agreement, the parties sign the document before they get married. However, with the postnup agreement, they can do it only once they get married.

The main benefit of having a postnuptial agreement form is that it will record all the assets and liabilities of each spouse and determine their rights and obligations towards their marital property. This will further prevent potential misunderstandings and disputes between the parties.

Laws and Legal Requirements for a Postnuptial Agreement in Massachusetts

The laws and legal requirements for a postnuptial agreement in Massachusetts are outlined in a few provisions of the state law as well as in the decisions of the Massachusetts courts. The courts are establishing precedents that can later be used to determine the legality of the postnuptial agreement.

One of the most important court decisions for Massachusetts postnuptial agreements is Ansin v. Craven-Ansin (2010).

Here, the court concluded that the postnuptial agreement “[...] must be scrutinized by a judge to determine:

Laws and Legal Requirements

whether each party had an opportunity to obtain separate legal counsel of that party's own choosing,
whether there was fraud or coercion in obtaining the agreement,
whether all assets were fully disclosed by both parties before the agreement was executed,
whether each spouse knowingly and explicitly agreed in writing to waive the right to a judicial equitable division of assets and all marital rights in the event of a divorce, and
whether the terms of the agreement were fair and reasonable at the time of execution and remained so at the time of divorce.”

Signing Requirements for a Postnuptial Agreement in Massachusetts

The state law provides that the Massachusetts postnuptial agreement must be made in written form. Moreover, it is required that both parties to the postnup agreement sign the document personally or by their authorized agent.

The state law, however, doesn’t make the notarization of the postnuptial agreement form mandatory. Regardless, the parties should also consider completing this step since it will additionally confirm the authenticity of the document and prevent potential fraudulent activities.

Postnuptial Agreement Enforcement in Massachusetts

The Massachusetts postnuptial agreement form will be enforceable if it fulfills the following requirements:

Postnuptial Agreement Enforcement Conditions

Both spouses have made the agreement in written form and signed the document,
Both parties sign the document willingly, without the presence of coercion or duress,
Both parties were able to consult with their legal advisor before signing the document,
Each party made a complete and truthful disclosure of their financial status in the document before signing it.

What Can a Postnuptial Agreement in Massachusetts Cover?

The Massachusetts postnuptial agreement template can cover multiple aspects of the parties' financial and non-financial relationship during or after the marriage. However, when drafting the postnuptial agreement, the parties should make sure every provision is in line with state law and public policy.

In this section, you can see some of the matters that are most commonly regulated by the postnuptial agreement template:

Provisions in a Postnuptial Agreement

Rights and responsibilities of each spouse in connection with their individual and marital property
Rules on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event
Matters connected with alimony, insurance, pensions, wills, trusts, and more.

Postnuptial Agreement in Massachusetts: Validity Criteria

The postnuptial agreement's validity is in direct connection with the fulfillment of the formality criteria set by the state law. This means that for the postnup agreement to be valid, it must be in writing and signed by both parties.

Moreover, the validity of the marriage is also in direct correlation with the validity of the postnuptial agreement. This means that the parties can sign the postnup agreement only after they have entered the marriage.