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.
Massachusetts Prenup Enforceability Rating: 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 it would leave one spouse unable to support themselves due to changed circumstances. Minimum alimony is above public assistance eligibility, with no bright-line test.
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
“Full disclosure” of assets and liabilities required, and cannot be waived. Include all assets and liabilities over $1,000. This standard is higher than the more reasonable “fair disclosure” requirement in other states.
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 county Registry of Deeds within 90 days of the wedding; 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)
What is a prenuptial agreement?
A legal contract signed before marriage that determines how assets, debts, and finances are handled if the marriage ends. We recommend assets and debts are kept separate, unless held jointly, where they are split 50/50. Alimony is modified to incentivize larger families and longer marriages, rather than divorce. A privacy clause allows the growth of an intimate, trusting relationship. A dispute resolution clause moves proceedings out of an expensive courtroom and into mediation or arbitration, lowering conflict to maintain a workable relationship in the event of divorce.
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 complex standards. The smarter approach: start with our free Massachusetts template, draft any changes with an AI like Claude, then hire an attorney only to review and assist with signing. The bill should be around $750–$1,500 per side.
Are prenups enforceable in Massachusetts?
Yes, but Massachusetts earns a C- rating — one of the harder states to enforce a prenup. Courts apply a unique "two-look" test: the agreement must be fair and reasonable both at signing AND at divorce. Courts will not enforce agreements that would leave a spouse without sufficient property or support given how circumstances changed during the marriage. Full financial disclosure is required and cannot be waived. A prenup is still far better than none.
What makes a prenup invalid in Massachusetts?
At the first look (signing): involuntary execution, inadequate financial disclosure, or terms that essentially strip a spouse of substantially all marital interests. At the second look (divorce): changed circumstances — disability, a long marriage, career sacrifice, or dramatic wealth growth — that would leave the challenging spouse without "sufficient property, maintenance, or appropriate employment to support" themselves. Common cases: Kelcourse (2015) — wife left with a deteriorated home worth less than its mortgage while husband had a $1.7M property; Rudnick (2023) — husband's conduct stripped 86-year-old wife of substantially all marital interests despite a valid agreement. Leave child custody and support out entirely.
Do I need a lawyer to get a prenup in Massachusetts?
Not technically, but both parties having independent counsel is the single most effective protection against a challenge. Courts look hard at whether each party understood what they were giving up — Austin enforced a heavily one-sided agreement specifically because both parties were represented and the wife's attorney drafted the prenup. Use the template to cut drafting costs — don't skip the attorney.
What should a Massachusetts prenuptial agreement include?
Our Massachusetts template is built around six core principles:
- Separate property — assets and debts stay with the party who acquired them, minimizing conflict
- Joint assets and debts — anything both parties sign for together is split 50/50
- Marital home — ownership is tracked as a percentage of contribution, so each party gets back what they put in
- Spousal support — structured to incentivize larger families and longer marriages, not divorce
- Full financial disclosure — all assets, debts, and income over $1,000, listed in the exhibits; Massachusetts does not permit disclosure waivers
- Privacy clause — keeps financial and personal details private, supporting a trusting relationship
Leave out child custody and support entirely — Massachusetts courts will not enforce them and they can invalidate the rest of the agreement.
Does Massachusetts's property law make a prenup important?
Yes. Massachusetts is an equitable distribution state under M.G.L. c. 208, § 34 — courts divide marital property based on many factors, with no guaranteed 50/50 split and broad judicial discretion. A valid prenup overrides this entirely.
How far in advance should I get a prenup in Massachusetts?
Sign 60+ days before the wedding. Give your spouse at least 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. Contact an attorney 4–6 months before the wedding. Best practice: sign before proposing — no time pressure, and you'll be confident in whom you are choosing to marry.
What is the "two-look" test and why does it make Massachusetts harder?
The "two-look" test, established in DeMatteo v. DeMatteo (2002), requires that a Massachusetts prenup be fair and reasonable at two points in time: (1) when it was signed, and (2) when a party seeks to enforce it at divorce. Most states only review agreements at signing. The second look means that even a perfectly executed prenup can be overridden years later if circumstances changed so dramatically that enforcement would leave a spouse without sufficient support. Draft spousal support provisions to age well — tiered formulas based on marriage length, carve-outs for disability and career sacrifice, and alimony that scales with the marriage are the strongest defense against a second-look challenge.
What is the recording requirement and why does it matter?
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 county Registry of Deeds — 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 real estate is affected. Notarization is required for recording. This is a step many couples miss — have your attorney handle recording immediately after the wedding.