Massachusetts Prenuptial Agreement
Massachusetts prenuptial agreements are governed by Massachusetts General Laws Chapter 209, § 25 and enforced under a unique "two-look" test (DeMatteo, 2002). Courts apply dual review — the agreement must be fair and reasonable at signing and conscionable at divorce. Notably, Massachusetts uses a stricter "fair and reasonable" standard at execution rather than the typical unconscionability bar, making it easier to challenge than most states. Financial disclosure cannot be waived. The alimony floor at enforcement is above public assistance eligibility, with no bright-line rule — courts retain broad discretion to require sufficient support based on changed circumstances.
Bottom line: Massachusetts earns a C- grade. Dual review, a stricter-than-usual execution standard, non-waivable disclosure, and a vague above-public-assistance alimony floor make Massachusetts one of the harder states to fully enforce a prenup. A prenup is still far better than none.
How Massachusetts's Prenup Laws Rank: C-
Massachusetts Prenup Laws: Key Statutes Explained
Massachusetts General Laws Chapter 209, Section 25
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution AND Enforcement
Massachusetts courts employ a unique "two-look" test. Agreements must be fair and reasonable at execution (the "first look") AND conscionable at enforcement (the "second look"). Changed circumstances during marriage can invalidate a prenup if it would leave one party without “sufficient” support.
Fair and Reasonable Standard
Under the "first look," an agreement is invalid if it essentially vitiates the status of marriage or strips a spouse of substantially all marital interests. This means a court is more likely to reject or modify a prenup that a state which uses the “unconscionability” standard.
Spousal Support Public Assistance Minimum
Courts review spousal support waivers again at enforcement (divorce), rejecting waivers if enforcement would leave one spouse without sufficient property, maintenance, or appropriate employment to support themselves due to changed circumstances. No bright-line minimum has been established.
Timing
We recommend signing the prenup 30-60 days before with 2-3 weeks review time to reduce the risk of challenge. Even better, sign the prenup before proposing, to keep legal matters separate from wedding planning and make informed engagement decisions.
Independent Counsel
Not required by law, but dramatically strengthens enforceability. Parties with independent counsel are presumed to have understood terms, making claims of unfairness nearly impossible.
Financial Disclosure
"Fair disclosure" of assets and liabilities required, and cannot be waived. Fair disclosure must provide information "of a general and approximate nature" about each party's net worth. Include all assets and liabilities over $1,000. Unlike UPAA states, Massachusetts does not permit parties to waive the disclosure requirement.
Moderate Burden to Challenge
Massachusetts courts review enforceability under multiple standards: fairness at execution, conscionability at enforcement, proper disclosure, voluntariness, and whether terms vitiate marriage. Courts retain broad authority to invalidate "especially harsh" agreements. The challenging party bears the burden of proof.
Child Support
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Massachusetts Prenuptial Agreement Court Cases
Massachusetts courts frequently modify or reject prenuptial agreements.
Rudnick v. Rudnick, 102 Mass. App. Ct. 467 (2023)
After a 27-year marriage, the Appeals Court invalidated the prenuptial agreement under the "second look" test because the husband deliberately failed to take title to properties as tenants in common as contemplated in the agreement, leaving the 86-year-old ailing wife stripped of substantially all marital interests without the anticipated real estate share or alimony.
Kelcourse v. Kelcourse, 87 Mass. App. Ct. 33 (2015)
The Appeals Court held the prenuptial agreement unconscionable at divorce despite being valid at execution, where the wife was left with a severely deteriorated marital home worth less than its $256,000 mortgage (needing $300,000 in repairs) while earning $300/week, as the husband moved to his $1.7 million pre-marital property after nearly 20 years of marriage.
Schechter v. Schechter, 88 Mass. App. Ct. 239 (2015)
The Appeals Court found the prenuptial agreement invalid at execution under the "first look" test where the agreement was signed days before the wedding when the wife was seven months pregnant, the husband (with over $7 million in assets) failed to fully disclose his finances, provided only $5,000 per year of marriage as alimony, and refused all of the wife's proposed modifications during one-sided negotiations.
Austin v. Austin, 445 Mass. 601 (2005)
The Supreme Judicial Court reversed lower courts and enforced a prenuptial agreement with complete alimony waivers signed two days before marriage, holding that the wife (awarded the $1.275 million marital home and $525,000 cash) was not stripped of substantially all marital interests, where both parties were represented by counsel, the wife's attorney drafted the agreement, and she was fully informed of her rights despite the husband having approximately $1 million in assets compared to her $35,000.
DeMatteo v. DeMatteo, 436 Mass. 18 (2002)
The Supreme Judicial Court established the landmark "two-look" test framework and enforced a prenuptial agreement where the husband's net worth was $108–133 million and the wife earned $25,000 as a secretary, holding that the agreement was fair and reasonable at both execution and enforcement because the wife received the marital home, automobile, $35,000 annual support (with cost-of-living adjustments) until death or remarriage, and health insurance — leaving her in a better position than before marriage despite the vast wealth disparity.
5-Step Checklist: How to Sign & Execute a Prenup in Massachusetts
Step 1: Download and read the Massachusetts prenuptial agreement
Start with our free template. It is written for Massachusetts-specific statutes and case law under M.G.L. c. 209, §§ 25–26 and the "two-look" test established in DeMatteo v. DeMatteo, 436 Mass. 18 (2002). Read it in full — know what you are getting into legally with marriage. The 15+ pages is written thoroughly to include rebuttals to common legal challenges and fallback provisions. Massachusetts has not adopted the UPAA — its prenup law comes from case law, and courts apply some of the strictest review standards in the country.
Step 2: Draft changes on your own
See a clause you don't like? Copy it into an AI like Claude, explain what you'd like to change or what you want the clause "to do." Save any changes as a separate alternate version — don't overwrite the original. Bring both versions to your attorney review. Note: AI is often gender-biased and crafts terms beyond what is legally required. Push back on its output.
Step 3: Find a lawyer in your state
Find a matrimonial or divorce attorney in your state. Avvo, Findlaw, and Justia are good. Look for someone with 10+ years experience. Call or email and ask them how much to review your draft prenup and help with signing. Send them your draft.
Step 4: Meet your lawyer 4–6 months before the wedding
Our recommendation: sign the prenup before proposing. That way, you both get the legal work out of the way, and you know this is the right person to marry. Already proposed? 4–6 months before the wedding should leave you enough time to give your spouse 1–2 weeks to review the final draft and have it signed 60+ days before the wedding. Massachusetts courts treat proximity to the wedding as a key factor in voluntariness — Schechter (2015) invalidated a prenup signed days before the wedding when the wife was seven months pregnant and had no meaningful opportunity to negotiate.
Step 5: Sign, notarize, record with the Registry of Deeds, and store
Execute the agreement with both attorneys present — their witness signatures carry more enforceability weight than a standalone notary. Massachusetts does not require witnesses or notarization by statute, but notarization is required to record the agreement with the Registry of Deeds — which is a statutory obligation under MGL § 26. The agreement and a schedule of affected property must be recorded in the Registry of Deeds for the county where the husband resides (or wife's county if the husband is not a Massachusetts resident), either before the wedding or within 90 days after; failure to record makes the agreement void as to third parties. Record in every county where real property is affected. Each party keeps a signed original, and so should each party's attorney. Store yours somewhere secure like a safety deposit box. Create a .pdf and save it via a backup drive and email.
Massachusetts Prenuptial Agreement: Frequently Asked Questions (2026)
1. Are prenuptial agreements enforceable in Massachusetts?
Yes, but Massachusetts is one of the harder states to enforce a prenup — we give it a C- rating. Courts apply a unique "two-look" test established in DeMatteo v. DeMatteo, 436 Mass. 18 (2002). The agreement must be fair and reasonable at signing (the "first look") AND conscionable at divorce (the "second look"). Even a perfectly executed prenup can be overridden years later if changed circumstances — disability, career sacrifice, a long marriage — would leave one spouse without sufficient property or support. Financial disclosure is required and cannot be waived. That said, a prenup is still far better than none: without one, Massachusetts courts have broad discretion to divide all property either spouse owns, including assets acquired before the marriage.
2. What makes a prenup invalid in Massachusetts?
A Massachusetts prenup can fail at either "look." At the first look (signing): involuntary execution, inadequate financial disclosure, or terms that strip a spouse of substantially all marital interests. Schechter v. Schechter, 88 Mass. App. Ct. 239 (2015) invalidated a prenup signed days before the wedding when the wife was seven months pregnant, the husband failed to fully disclose $7.5 million in assets, and he refused all of her attorney's proposed modifications. At the second look (divorce): changed circumstances that leave the challenging spouse unable to support themselves. Kelcourse v. Kelcourse, 87 Mass. App. Ct. 33 (2015) struck down a prenup where the wife was left with a deteriorated home worth less than its mortgage while earning $300/week after nearly 20 years of marriage. Child custody or support clauses can also jeopardize the entire agreement — leave them out.
3. How much does a prenup cost in Massachusetts?
Attorney-drafted from scratch: $2,500–$8,000+ per side, reflecting Massachusetts's high legal market and the complexity of the DeMatteo framework. Boston-area specialists typically charge $300–$500/hour; attorneys in Worcester, Springfield, or the Cape run $200–$350/hour. The smarter approach: start with a Massachusetts-specific template, draft changes with an AI like Claude, then hire an attorney only to review and assist with execution. That should run $750–$1,500 per side. Both parties need separate attorneys — one lawyer cannot represent both sides.
4. Can a prenup waive alimony in Massachusetts?
Yes, but the waiver is subject to the second-look test at divorce. Austin v. Austin, 445 Mass. 601 (2005) enforced a complete alimony waiver where the wife received the $1.275 million marital home and $525,000 in cash — the court held she was not left without sufficient property. But Kelcourse (2015) rejected enforcement where the wife earned $300/week and would have been left destitute. The practical takeaway: a blanket alimony waiver is legally permissible but risky over long marriages with changed circumstances. A tiered formula — alimony that scales with marriage length and includes carve-outs for disability or career sacrifice — is far more likely to survive the second look.
5. Why does Massachusetts's property law make a prenup especially important?
Massachusetts is an "all-property" equitable distribution state under M.G.L. c. 208, § 34. This means courts can divide everything either spouse owns — including assets acquired before the marriage, inheritances, gifts, trusts, and business interests. Most equitable distribution states only divide property acquired during the marriage. Massachusetts does not make that distinction. Without a prenup, a judge has broad discretion to assign your premarital savings, your family inheritance, or your ownership stake in a business to your spouse. A valid prenup overrides equitable distribution entirely, letting you define what stays separate and what gets shared.
6. Can a Massachusetts prenup protect my business?
Yes, and if you own a business, it's one of the strongest reasons to get one. Because Massachusetts is an all-property state, a court can divide a business you started before the marriage — including its appreciation during the marriage — as part of a divorce. Without a prenup, this often means a forced buyout, a valuation fight, or a court-ordered sale. A prenup can designate the business (and its future growth) as separate property, set a predetermined valuation method, and keep business disputes out of divorce proceedings. Include a fair disclosure of the business's current value in your financial exhibits.
7. Can a prenuptial agreement protect an inheritance in Massachusetts?
Yes. Under Massachusetts's all-property rule, inherited assets are subject to equitable distribution in divorce — even if you kept them in a separate account and never commingled them with marital funds. Courts can and do award inherited property to the non-inheriting spouse, particularly in long marriages. A prenup can designate current and future inheritances as separate property, keeping them out of the marital estate entirely. If you expect a significant inheritance during the marriage, address it explicitly in the agreement — vague language about "future assets" may not be specific enough to protect it.
8. Do I need a lawyer to get a prenup in Massachusetts?
Not technically required, but both parties having independent counsel is the single most effective defense against a future challenge. Massachusetts courts examine whether each party understood what they were giving up. Austin v. Austin (2005) enforced a heavily one-sided agreement specifically because both parties had attorneys and the wife's attorney drafted the prenup. In Schechter (2015), one-sided negotiations and inadequate counsel contributed to invalidation. Use a template to cut drafting costs, but don't skip the attorney — a $750–$1,500 review is cheap insurance against a challenge that could cost six figures.
9. How far in advance should I sign a prenup in Massachusetts?
Sign at least 60 days before the wedding and give your spouse a minimum of two weeks to review with their own attorney. Massachusetts has no statutory minimum, but courts treat last-minute signing as strong evidence of involuntary execution. Schechter (2015) invalidated a prenup signed days before the wedding. Contact an attorney 4–6 months before the wedding. Our recommendation: sign before proposing. That eliminates time pressure entirely and lets both parties make informed engagement decisions with the legal framework already settled.
10. What is the "two-look" test and why does it make Massachusetts harder?
The two-look test, established in DeMatteo v. DeMatteo, 436 Mass. 18 (2002), requires courts to evaluate a prenup at two points in time. The first look (at signing) asks whether the agreement was fair and reasonable — meaning it didn't strip the contesting spouse of substantially all marital interests. The second look (at divorce) asks whether enforcement would be conscionable given how circumstances changed during the marriage. Most states only review at signing. The second look means even a perfectly executed Massachusetts prenup can be overridden decades later. The best defense: draft spousal support provisions that age well — tiered formulas based on marriage length, carve-outs for disability, and alimony that scales with the marriage.
11. What is the recording requirement for a Massachusetts prenup?
Under M.G.L. c. 209, § 26, a schedule of all affected property must be attached to the prenup, and the agreement plus schedule must be recorded with the Registry of Deeds for the county where the husband resides (or the wife's county if the husband is not a Massachusetts resident) — either before the wedding or within 90 days after. If not recorded in time, the agreement is void as to third parties, including creditors. It must also be recorded in every county where affected real estate is located. Notarization is required for recording. This is a step many couples miss — have your attorney handle recording immediately after the wedding.
12. Can a prenup address child custody or child support in Massachusetts?
No. Massachusetts courts will not enforce prenuptial provisions governing child custody, visitation, or child support — these are determined at the time of divorce based on the child's best interests and statutory guidelines. Including them in your prenup does not just make those clauses unenforceable; it can undermine the credibility and enforceability of the entire agreement. Leave child-related issues out entirely.
13. What if we're already married — can we get a postnuptial agreement in Massachusetts?
Yes. In Ansin v. Craven-Ansin, 457 Mass. 283 (2010), the Supreme Judicial Court held that postnuptial agreements are enforceable in Massachusetts, subject to even stricter scrutiny than prenups. Because spouses already owe each other fiduciary duties, courts require that postnuptial agreements meet a higher standard of fairness — closer to the standard applied to separation agreements. Both parties must have independent counsel, full financial disclosure is required, and the terms must be fair and reasonable at execution. A postnuptial agreement is a viable option for couples who missed the prenup window, but expect courts to scrutinize it more closely.
14. Does Massachusetts follow the Uniform Premarital Agreement Act (UPAA)?
No. Massachusetts has not adopted the UPAA or its successor, the Uniform Premarital and Marital Agreements Act (UPMAA). Massachusetts prenup law is governed by two narrow statutes — M.G.L. c. 209, §§ 25–26 — and a body of case law built on Rosenberg v. Lipnick (1979), Osborne v. Osborne (1981), and DeMatteo v. DeMatteo (2002). In practice, this means Massachusetts courts retain broader discretion to review and reject prenups than courts in UPAA states, where the enforceability framework is more standardized and generally more permissive. It also means Massachusetts law can shift with each new appellate decision — making careful drafting and strong execution practices even more important.