Prenuptial Agreements in Massachusetts | What to Know

When your partner proposes, it leads to an incredibly exciting time with lots of wedding planning. However, there will be more serious matters to address, like the combining of your finances. In this case, a prenuptial agreement may come into play. Read on to learn more about prenuptial agreements in Massachusetts.

What is a prenuptial agreement?

A prenuptial agreement is a document that declares how your and your spouse’s assets should be divided in the event that your marriage comes to an end. Many couples avoid discussing prenups because they deal with the end of a marriage before the marriage has even begun. However, prenuptial agreements can be greatly beneficial to both parties and in no way indicate a future divorce.

What can you include in a prenuptial agreement?

When it comes to a prenuptial agreement, many couples include:

  • How spouses may handle or control their insurance policies.
  • How their property, such as their home, shall be divided should they ever get a divorce
  • Future alimony terms, should spouses get divorced
  • Who can keep certain assets, such as inheritances
  • Both spouses’ right to join or separate property after their marriage

It is important to know that the following cannot be included in a prenuptial agreement:

  • 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, it must meet the following requirements:

  • All prenuptial agreements must be in writing.
  • They must be written and executed before marriage.
  • They must include full disclosure of both spouses’ 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, our firm is here to help. Reach out today to discuss your options.

Contact our experienced Bristol County 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.