A Massachusetts prenuptial agreement, also known as a “premarital” or “antenuptial” agreement, is a legal contract that a couple signs before marriage to determine the distribution of property in case the marriage ends. It helps avoid lengthy divorce proceedings and property disputes.
Legal Considerations
Laws:
Massachusetts General Laws, Part II, Title III, Chapter 209:
- Section 25 – Antenuptial settlements; force and effect.
- Section 26 – Antenuptial settlements; record; description of property.
Signing Requirements: Both spouses and notarized.
Dividing Property: Equitable division. (MGL 208, § 34)
Enforceability Requirements
- Essential Terms for Validity: Both parties must voluntarily sign a written document with full disclosure of their financial situation before the marriage, and the agreement must be fair and not unconscionable.
- Enforcement: Both parties should have legal representation, execute the agreement well in advance of the wedding, and ensure it’s recorded with the county registry of deeds.
- Additional Requirements: A schedule of the property to be affected by a prenuptial agreement must be annexed to the agreement and must be recorded in the county registry of deeds either before the marriage or within ninety days after. The agreement must be recorded in the county where the husband lives. If the husband does not live in Massachusetts, it must be recorded in the Massachusetts county where the wife lives.
