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 an antenuptial agreement must be recorded in the county registry of deeds either before the marriage or within ninety days after.
