Are prenuptial agreements enforceable in Massachusetts?

Massachusetts uniquely subjects prenups to a forward-looking "second look" by the divorce court.

1. Governing Statute / Common Law

M.G.L. c. 209 § 25 authorizes spouses to make contracts regarding property. DeMatteo v. DeMatteo, 436 Mass. 18 (2002), controls premarital agreements; Ansin v. Craven-Ansin, 457 Mass. 283 (2010), controls postnups.

2. Formality Requirements

The agreement must be in writing and signed by both parties. Marriage is the consideration. Recording with the registry of deeds, while not required, is permitted to bind third parties.

3. Voluntariness

DeMatteo requires that the agreement be entered voluntarily and free of fraud or coercion. Each party should have a reasonable opportunity to consult independent counsel. Time pressure, eve-of-wedding signing, and overreaching are scrutinized.

4. Disclosure

DeMatteo requires full and fair disclosure of assets, liabilities, and income. A written schedule attached to the agreement is the standard practice.

5. First Look / Second Look (Unconscionability)

First look (at execution): Was the agreement valid when signed — voluntariness, disclosure, counsel? Second look (at divorce): Is enforcement now conscionable in light of changed circumstances? The second-look standard asks whether the contesting spouse would be left without sufficient property, maintenance, or appropriate employment to support herself. This forward-looking review is stricter than most UPAA states.

6. What Cannot Be Waived

Child support and custody cannot be predetermined. Alimony and property waivers are enforceable subject to the second look. Health insurance, debt allocation, and inheritance can be addressed.

7. Key Massachusetts Case Law

DeMatteo v. DeMatteo (2002); Ansin v. Craven-Ansin (2010); Austin v. Austin, 445 Mass. 601 (2005) (second-look application).

This is legal information, not legal advice.