A Massachusetts postnuptial agreement is a contract signed by spouses to dictate the division of their assets if their marriage ends by divorce or death.
Unlike prenups created before marriage, postnuptial agreements are formed after the couple is already married, providing a way to bypass default divorce property division laws and aid in estate planning, regardless of when they are signed during the marriage.
Legal Considerations
- Signing Requirements: Both parties must sign the document. (Ansin v. Craven-Ansin (2010))
- Dividing Property: Equitable division. (MGL 208, § 34)
Understanding Postnuptial Agreements in Massachusetts
Considerations
- Role of Court: A judge reviews marital agreements to confirm they’re free from coercion or fraud, as per Ansin v. Craven-Ansin, 2010.
- Separation Agreements: Postnuptial agreements are distinct from “separation agreements,” which couples sign when planning to divorce, as established in Ansin v. Craven-Ansin (2010).
- Enforceability: As per Ansin v. Craven-Ansin (2010), to be enforceable, postnuptial agreements must:
- Allow both parties the chance to seek independent legal advice;
- Involve no fraud or coercion;
- Include full disclosure of all assets prior to execution;
- Contain a written waiver by both spouses of rights to an equitable division of assets in divorce;
- Be fair and reasonable both when signed and at divorce.
- If challenged, the spouse enforcing the agreement must prove these standards are met.
§ 2 – Married Woman; Power to Contract
- A married woman can make contracts exactly as if she were unmarried.
- This includes oral and written contracts, both sealed and unsealed.
- She can also enter into contracts with her husband.
§ 3 – Transfers Between Husband and Wife
- Transfers of property (real and personal) between spouses are as valid as if made by individuals.
§ 13 – Marriage Settlements
- The preceding sections shall not invalidate a marriage settlement or contract.
