What to Know About Prenuptial Agreements in Massachusetts

A prenuptial agreement is a document that declares how a couple’s assets will be split in the event that their marriage comes to an end. Because of this, many couples avoid creating a prenup. In reality, prenuptial agreements in no way indicate an unstable marriage. Instead, they allow both spouses to feel protected and prepared for whatever the future has to offer. Read on to learn more about prenuptial agreements in Massachusetts.

What Are Some Reasons to Create a Prenuptial Agreement?

There are a number of reasons to create a prenuptial agreement. A prenuptial agreement can:

  • Detail how spouses may handle or control their insurance policies.
  • Determine how their property, such as their home, shall be divided should they ever get a divorce
  • Predetermine future alimony terms, should spouses get divorced
  • Determine who can keep certain assets, such as inheritances
  • Determine both spouses’ right to join or separate property after their marriage

What You Can’t Include:

While there is a lot you can include in your prenup, there are some topics that cannot be included. For example, you cannot include:

  • Any language regarding child support, child custody, child visitation, or any other matters related to current or future children the couple may have
  • The denial of alimony rights to one spouse
  • “Lifestyle clauses” such as consequences for a spouse’s weight gain, etc.
  • Anything related to wealth that seems blatantly unfair to the other spouse

What Makes a Prenuptial Agreement Valid in Massachusetts?

In order for your prenuptial agreement to be considered valid in Massachusetts, it must meet certain requirements. These requirements are as follows:

  • All prenuptial agreements must be in writing.
  • They must be written and executed before marriage.
  • They must include full disclosure of both spouse’s assets. 
  • They will have to be notarized–must like many other legal documents. 
  • They will have to be fair and just to both spouses, and there must be no evidence of coercion or deceit. 

If you are interested in creating a prenuptial agreement, contact our firm today. We are here to walk you through the process.

Contact our Firm

For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.