Updated May 17, 2023
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A Massachusetts prenuptial agreement, also known as a “premarital” or “antenuptial” agreement, is a contract signed by a couple prior to marriage to determine the distribution of property in the event of the marriage’s end. By executing such an agreement, couples can avoid lengthy divorce proceedings and property disputes. The contract becomes effective at the time that the marriage occurs. In the document, both parties must state all of their current assets and liabilities; failure to do so can result in the contract not being legally recognized. Furthermore, the agreement cannot be in one party’s favor to an unreasonable extent.
Signing requirements
Source: Part II, Title III, Chapter 209, Section 26
“…such contract and schedule shall, either before the marriage or within ninety days thereafter, be recorded in the registry of deeds for the county or district where the husband resides at the time of the record, or, if he is not a resident of this commonwealth, then in the registry of deeds for the county or district where the wife resides at the time of the record, if it is made before the marriage, or where she last resided, if made after the marriage. If the contract is not so recorded, it shall be void except as between the parties thereto and their heirs and personal representatives. It shall also be recorded in the registry of deeds for every county or district where there is land to which it relates.”
Laws
Massachusetts General Laws, Part II, Title III, Chapter 209:
- Section 25 – Antenuptial settlements; force and effect.
- Section 26 – Antenuptial settlements; record; description of property.