Prenuptial Agreement in
Massachusetts

Massachusetts does not follow the UPAA or UPMAA. Instead, courts apply a common law standard requiring that the agreement was fair and reasonable at execution, that both parties had adequate financial disclosure, and that it remains fair and reasonable at the time of enforcement.

Under Massachusetts case law, a prenup must pass a fairness review both at the time it was signed and at the time it is enforced. This means a court can decline to enforce provisions that were reasonable when signed but have become inequitable due to unforeseen changes in circumstances.

Massachusetts does not mandate independent counsel by statute, but courts give significant weight to whether both parties had their own attorneys when evaluating voluntariness. Independent representation is strongly recommended.

Yes, but Massachusetts courts will scrutinize such waivers closely under both stages of the fairness test. If enforcing a spousal support waiver would leave one spouse in severe financial hardship, a court may decline to enforce it.

Yes, under either prong of the two-look test. A Massachusetts prenup can fail at the "first look" if it wasn't fair and reasonable when signed — typically because of missing financial disclosure, duress, or terms stripping one spouse of virtually everything. It can also fail at the "second look" if enforcing it at divorce would be unconscionable, for example leaving a spouse without means of self-support after a long marriage. Well-disclosed, voluntarily signed agreements with non-extreme terms routinely survive both looks.

Start early — months before the wedding, not days. Exchange complete financial disclosures (assets, debts, income), decide together how you want property, appreciation, and support handled, and put the terms in a written agreement both of you sign before the ceremony. You can create the document yourselves or online; notarizing the signatures is a sensible extra step. Each of you having an independent attorney review it is optional, but it strengthens the agreement against later challenge.

Massachusetts is among the pricier states for attorney-drafted prenups: Boston-area family lawyers commonly quote $3,000 to $8,000, and negotiated agreements involving businesses, trusts, or significant premarital wealth can exceed $10,000 across both parties' counsel. Building the agreement online for a flat $349 — with full financial schedules attached — and then optionally hiring a local attorney for an hourly review gives couples a DeMatteo-conscious document without the four-figure drafting bill.

With prenups.ai, you can have a draft prenuptial agreement in under 20 minutes. Traditional attorney routes in Massachusetts typically take 2–6 weeks due to scheduling, drafting, negotiation, and review. No specific statutory timing requirement. Courts consider whether both parties had adequate time and opportunity to review the agreement and consult counsel. We recommend starting the process at least 2–3 months before your wedding to allow time for review and any revisions.

Yes. Massachusetts does not require you to have an attorney to create a valid prenuptial agreement. However, having each party consult with independent legal counsel significantly strengthens enforceability. Many couples use prenups.ai to create the initial draft and then have it reviewed by attorneys, which is much more affordable than starting from scratch.

Without a prenup, Massachusetts's default equitable distribution rules apply. Massachusetts follows equitable distribution and is an "all property" state, meaning courts can consider all property in a divorce, not just marital property. A prenup lets you define your own terms instead of leaving these decisions to state law or a judge's discretion.