Antenuptial Agreement Massachusetts

Antenuptial Agreement Massachusetts

Antenuptial Agreement in Massachusetts: What You Need to Know

Antenuptial agreements, also known as prenuptial agreements or prenups, are contracts between two individuals who plan to get married. These agreements outline the financial and property rights of each party in case of a divorce or separation. In Massachusetts, antenuptial agreements are governed by specific laws and regulations.

What is an Antenuptial Agreement?

An antenuptial agreement is a legal document that outlines the financial responsibilities and rights of both parties in a marriage. This agreement can include provisions for property division, spousal support, and other financial matters. In Massachusetts, antenuptial agreements may include provisions related to estate planning, taxes, and other legal matters.

Why Get an Antenuptial Agreement?

Antenuptial agreements are becoming increasingly popular among couples who wish to protect their assets and financial interests. These agreements can provide a sense of security and peace of mind for both parties in a marriage. An antenuptial agreement can also help to avoid lengthy and costly legal battles over property division and other financial matters in case of a divorce.

Legal Requirements for Antenuptial Agreements in Massachusetts

In Massachusetts, antenuptial agreements must meet specific legal requirements to be valid and enforceable. The following are some of the essential requirements:

– Both parties must sign the agreement voluntarily and without coercion.

– The agreement must be in writing and signed by both parties in the presence of a notary public.

– The agreement must be fair and equitable to both parties, with no undue influence or fraud.

– Both parties must disclose all their assets and liabilities honestly.

– The agreement must be executed before the marriage.

Enforcing Antenuptial Agreements in Massachusetts

In Massachusetts, antenuptial agreements are enforceable as long as they meet the legal requirements stated above. However, the courts may invalidate an agreement if they find that it is unfair to one or both parties, or if it was signed under duress or undue influence.


Antenuptial agreements are an essential tool for couples planning to get married in Massachusetts. They can provide peace of mind and financial security for both parties by outlining property and financial rights. If you are considering an antenuptial agreement, it is essential to consult with an experienced attorney to ensure that your agreement meets all the legal requirements and protects your interests.

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