How Does Prenuptial Agreement Work in Massachusetts

Prenuptial agreements are contracts that are signed by a couple prior to getting married. These agreements set forth the rights and obligations of each spouse in the event of a divorce. In Massachusetts, prenuptial agreements are governed by state law, which sets forth specific requirements for these agreements to be considered valid and enforceable.

The first requirement for a prenuptial agreement to be valid in Massachusetts is that it must be in writing and signed by both spouses. Verbal agreements are not considered valid under state law, so it is important that the agreement be written down and signed by both parties.

The agreement must also be entered into voluntarily by both spouses. This means that neither spouse can be forced or coerced into signing the agreement. Each spouse must also be provided with adequate time to review and consider the terms of the agreement before signing.

In addition, a prenuptial agreement in Massachusetts must be fair and reasonable. The agreement cannot be one-sided or heavily weighted in favor of one spouse. Instead, the terms of the agreement must be equitable and beneficial to both spouses.

When it comes to determining the enforceability of a prenuptial agreement, Massachusetts courts will consider a number of factors, such as whether the agreement was entered into voluntarily, whether each spouse fully understood the terms of the agreement, and whether the agreement is fair and reasonable.

It is also important to note that a prenuptial agreement cannot be used to waive certain rights or obligations, such as child support or custody. These matters are typically determined by the court based on the best interests of the child, and cannot be pre-determined by a prenuptial agreement.

Overall, a prenuptial agreement can be a useful tool for couples who want to protect their assets and ensure that their divorce proceedings are as smooth as possible. If you are considering a prenuptial agreement in Massachusetts, it is important to work with an experienced attorney who can help you navigate the legal requirements and ensure that your agreement is valid and enforceable.