What Makes a Prenup Valid & Enforceable in Massachusetts?


Though no one ever wants to imagine getting divorced, especially before you’re even married to a person. That said, couples today are using prenuptial agreements more often than forever, and for good reason. If you’re considering drafting a prenup, however, you must do so only with the assistance of a competent Massachusetts divorce lawyer who can help ensure your prenup is valid and enforceable in the eyes of the law. Please continue reading and reach out to the Law Offices of Cynthia L. Hanley today to learn more.

What constitutes a valid and enforceable prenup in Massachusetts?

For a prenup to be considered valid and enforceable in the eyes of the law, it must meet the following criteria:

  • It must be signed by both parties
  • It must be executed prior to marriage.
  • It must be fair and just to both parties.
  • Both parties have fully disclosed their assets.
  • There must be no evidence that one spouse was pressured or coerced into signing the document.

What can I protect in a prenuptial agreement?

To start, in a prenup, you can clearly outline which assets are yours, and which assets will go to your spouse. This can include your home, vehicle, jewelry, assets held in certain bank accounts, and more. You can also establish provisions for future alimony terms. You can also avoid premarital debts by establishing provisions for who is responsible for paying off a specific debt. However, you should note that you cannot include terms for child custody or child support in prenups.

What if I’m already married?

As previously stated, prenuptial agreements must be executed before marriage. However, if you’re already married, you can draft a postnuptial agreement with your spouse, which serves the same basic purpose as a prenuptial agreement.

If you have any further questions about prenups or postnups in the state of Massachusetts or you and your spouse believe you may be interested in drafting such an agreement please don’t hesitate to contact the Law Offices of Cynthia L. Hanley today. We have helped countless clients get the peace of mind they deserve over the years, and we are here to help you as well.