Prenuptial & Postnuptial

Massachusetts Prenuptial & Postnuptial

Prenuptial & Postnuptial Agreements

Prenuptial and postnuptial agreements help married couples protect assets, set financial expectations, and reduce uncertainty if a divorce occurs. Whether you plan to marry or are already married, a well-drafted agreement can help avoid disputes. It also provides long-term security.

At Wright Family Law Group, our prenuptial agreement lawyers help individuals and couples in Massachusetts. We create clear and enforceable prenuptial and postnuptial agreements that fit your financial needs and goals.

Why Prenuptial and Postnuptial Agreements Matter

Without a valid agreement, Massachusetts courts decide how to handle assets, debts, and property rights during the divorce process. This process can be uncertain and expensive.

These agreements help couples:

• Maintain control over financial decisions
• Protect assets acquired before marriage
• Clarify ownership of property and accounts
• Reduce conflict and litigation risk
• Plan responsibly for the future

A well-drafted agreement helps both spouses understand expectations and avoid unnecessary disputes during a divorce.

Protecting Your Assets Before or During Marriage

Discussing a prenuptial or postnuptial agreement can feel uncomfortable, but these agreements serve a practical purpose. Massachusetts courts have wide power to divide property in divorce cases. Without a valid agreement, the results can be uncertain.

A properly drafted agreement can help:

• Protect assets acquired before marriage
• Define ownership of real estate, bank accounts, and investments
• Address business ownership and professional practices
• Allocate responsibility for existing or future debt
• Preserve inheritance rights for children from prior relationships
• Clarify spousal support expectations

These agreements allow couples to make informed decisions together rather than leaving financial issues to the court.

Prenuptial Agreements in Massachusetts

A couple signs a prenuptial agreement before getting married to set clear financial expectations. It outlines the management of finances, assets, and liabilities throughout the marriage. It also outlines what happens in case of divorce or death. Prenuptial agreements are beneficial not just for wealthy couples; many pairs can gain advantages from having one.
Prenuptial agreements are particularly valuable when one or both spouses:

• Own real estate or substantial savings
• Have an ownership interest in a business
• Carry student loan or personal debt
• Expect to receive an inheritance
• Are entering a second marriage

Massachusetts courts closely review prenuptial agreements, making careful drafting essential. In Massachusetts, people sometimes call prenuptial agreements premarital agreements.
Prenuptial agreements can be especially important for blended families or couples with children from previous marriages. Additional considerations may apply when planning these agreements.

Postnuptial Agreements

Postnuptial agreements are created after a couple is already married. These agreements allow spouses to address financial issues that arise over time and provide structure when circumstances change.

Couples often pursue postnuptial agreements after:

• A significant increase or decrease in income
• Starting or expanding a business during the marriage
• One spouse leaving the workforce
• Receiving a substantial inheritance or gift
• Ongoing financial disagreements

Massachusetts courts closely examine postnuptial agreements and require them to meet strict legal standards.

What Prenuptial and Postnuptial Agreements Can Cover

In Massachusetts, prenuptial agreements are sometimes referred to as pre-marriage contracts. Couples can customize prenuptial and postnuptial agreements to match their specific needs. Common provisions include:

• Identification of separate and marital property
• Division of assets if the marriage ends in divorce
• Treatment of real estate and investment accounts
• Business interests and future growth
• Responsibility for debt, including student loans
• Spousal support or alimony, within legal limits
• How assets, life insurance, and other estate planning documents are handled for a surviving spouse

Prenuptial and postnuptial agreements cannot decide child custody or child support. Courts decide those issues based on what is best for the child.

Massachusetts Requirements for a Valid Agreement

For a prenuptial or postnuptial agreement to be enforceable in Massachusetts, it must meet specific legal standards. Courts review what the agreement says and how the couple put it together.

Key requirements include:

• A written, signed agreement
• Voluntary execution without pressure or coercion
• Full and accurate financial disclosure
• Fair and reasonable terms
• Adequate time for review
• Independent legal counsel for each spouse

Agreements that are rushed, incomplete, or one-sided are more likely to be challenged. Preparing a valid agreement often requires gathering financial records and supporting documents.

Common Mistakes That Can Invalidate an Agreement

Even well-intended agreements can fail if not handled correctly.

Common issues include:

• Signing too close to the wedding date
• Incomplete disclosure of assets or debt
• Using online templates or generic forms
• Lack of independent legal advice
• Unfair or unclear terms

Working with an experienced family law attorney helps avoid these risks.

Why Online Prenuptial Agreement Templates Fall Short

Generic online agreements often fail to meet Massachusetts state law and divorce law requirements. These templates typically do not account for state-specific law or the unique circumstances of each couple.

Common problems include:

• Missing or inaccurate financial disclosures
• Unbalanced terms that favor one spouse
• Improper execution
• Increased risk the court may reject the agreement

A poorly drafted agreement can leave both parties unprotected.

Independent Legal Representation Is Essential

Never sign a prenuptial or postnuptial agreement without having it reviewed by your own attorney. Even agreements that appear straightforward can have long-term financial consequences.

Independent legal counsel helps ensure:

• Your rights are protected
• The agreement is fair
• The terms are fully understood
• The agreement is enforceable

Relying solely on your spouse’s attorney can place you at a disadvantage.

Planning for the Future With Confidence

Prenuptial and postnuptial agreements are not about expecting a marriage to fail. They are about planning responsibly, protecting assets, and reducing uncertainty. When drafted correctly, these agreements help couples move forward with confidence and peace of mind.

How Wright Family Law Group Can Help

Our prenuptial and postnuptial agreement lawyers provide practical, straightforward guidance at every stage of the process. We take the time to understand each client’s finances, explain their options, and draft agreements that hold up in court.

Our services include:

• Drafting prenuptial and postnuptial agreements
• Reviewing agreements presented by a spouse
• Negotiating fair and enforceable terms
• Advising on asset protection and financial disclosure
• Our approach is practical, thorough, and focused on long-term protection.

Learn More

• Divorce
• Uncontested Divorce
• Contested Divorce
• High Asset Divorce
• Divorce Mediation
• Pre-Divorce Planning Checklist
• Divorce Do’s & Dont’s
• Division of Assets & Liabilities
• Alimony