Download Massachusetts Prenuptial Agreement Form [PDF]

The Massachusetts prenuptial agreement is a legal document that outlines the basic rules for how the parties that are about to get married will regulate their financial relationship during or after the marriage.

There are multiple phases of marriage that a prenuptial agreement can be used for:

When To Use Prenuptial Agreement

Parties can use the prenuptial agreement before the marriage to determine what their individual property acquired before the marriage is and what part of that individual property (if any) will be included in the marital property.
Parties can use the prenuptial agreement during the marriage to determine how they will manage the assets accumulated during the marriage.
Finally, parties can use the prenuptial agreement after marriage to determine how they will divide the marital property.

Laws and Legal Requirements for a Prenuptial Agreement in Massachusetts

Since Massachusetts hasn’t ratified the Uniform Premarital Agreement Act, the matter of prenuptial agreements is regulated by a few sections of Part II, Title III, Chapter 209 of the Massachusetts General Laws.

Section 25 refers to the prenuptial agreement as the antenuptial agreement, and it regulates its force and effect as follows:

“At any time before marriage, the parties may make a written contract providing that, after the marriage is solemnized, the whole or any designated part of the real or personal property or any right of action, of which either party may be seized or possessed at the time of the marriage, shall remain or become the property of the husband or wife, according to the terms of the contract. Such contract may limit to the husband or wife an estate in fee or for life in the whole or any part of the property, and may designate any other lawful limitations. All such limitations shall take effect at the time of the marriage in like manner as if they had been contained in a deed conveying the property limited”.

Signing Requirements for a Prenuptial Agreement in Massachusetts

Section 26 provides the obligation of signing parties to record their prenuptial agreement in the registry of deeds.

The provision provides:

“…such contract and schedule shall, either before the marriage or within ninety days thereafter, be recorded in the registry of deeds for the county or district where the husband resides at the time of the record, or, if he is not a resident of this commonwealth, then in the registry of deeds for the county or district where the wife resides at the time of the record, if it is made before the marriage, or where she last resided, if made after the marriage.”

Prenuptial Agreement Enforcement in Massachusetts

In Massachusetts, the court might declare part or the whole prenuptial agreement unenforceable if one of the parties proves that:

Prenuptial Agreement Enforcement Conditions

They were forced to sign the prenuptial agreement form
The other party failed to present complete information about their financial status

The court can also declare a part of the prenup agreement unenforceable if it causes significant financial harm to one of the parties to the point that they become eligible for support under a program of public assistance.

What Can a Prenuptial Agreement in Massachusetts Cover?

The parties are free to include any provision in the prenuptial agreement template, as long as it is in line with state law and doesn’t violate public policy.

The parties most often use the prenup agreement to provide the following:

Provisions in a Prenuptial Agreement

Outline of each partner's individual property
Rights and obligations of each partner in terms of the marital property, including the right to sell, buy, mortgage, lease, exchange, or manage it
Rules on how marital property will be divided between the spouses in case of marriage dissolution, separation, death, or similar events
Agreement on spousal support or alimony

Prenuptial Agreement in Massachusetts Validity Criteria

First, the prenuptial agreement must fulfill the formal criteria to be valid, meaning that it should be made in written form and signed by both parties to the agreement.

Moreover, the validity of the prenuptial agreement is connected with the existence of marriage, meaning that the document will be invalid if the parties don’t get married after signing the prenuptial agreement.