Massachusetts Prenuptial Agreement Form

Imagine marrying the love of your life and living together happily ever after. Well, that is the wish of most of us. However, in reality, sometimes living together becomes unbearable, so couples break apart. In some unfortunate instances, one spouse gets half of the other’s properties. If this sounds like a real nightmare, consider drawing certain legal templates, like the Massachusetts prenuptial agreement form.

Although this article is specifically for this agreement and relevant laws in Massachusetts, it is possible to create such a prenuptial agreement template in any other American state. Laws may vary slightly from state to state, so be careful when working on the document.

There are three main reasons to establish such agreements. By these documents, partners define:

  • What will happen with their properties and liabilities if one spouse dies and another is still alive
  • How to share the mutual assets and debts in case of a breakup or a divorce
  • How to manage properties and money during their matrimony.

Each prenup form lists mutual and personal items and provides rules for acquired assets in the future. Partners can also disclose their finances and prescribe rules for business assets, tax payments, banking operations, household costs, and other financial issues they consider important. The agreement helps to avoid disputes over the heritage if a signatory dies or becomes disabled. For divorced people, the agreement easily determines the actions related to property sharing.

It is unlawful to add provisions about partners’ kids in such agreements. Other documents regulate child care and support if a divorce takes place. In most cases, this problem is solved by the court where a couple applies to get divorced.

In Massachusetts, people also call a prenuptial agreement (or prenup) “antenuptial.” In some sources, you can see the term “premarital agreement.”

Previously, engaged people had huge fights over such agreements, and the documents were considered illegal. However, more and more couples continue to realize that they might break up one day even after decades of matrimony. People think of prenups differently today and tend to solve their future concerns in a civilized way.

Such agreements are commonly concluded by partners that have a significant gap in their revenues and assets. A prenup will prevent a rich party from the unfair splitting of properties. Unfortunately, some people pretend to love their partners, while they just want to become wealthy in reality. For such cases, an antenuptial agreement is also a means of protection.

Traditionally, future spouses establish rules and sign these agreements before the wedding. However, it is allowed in some states to sign the document even after the matrimony has begun. Both parties should ensure the contract’s validity by signing it; in some states, you have to invite a witness or a notary who will acknowledge the form.

Your or your partner’s opinion can change over time. It is easy to replace the agreement with its adjusted version or even revoke the document. Signing an attachment that states new conditions or proclaims the document’s revocation is sufficient.

We have designed a form-building software that helps you to get any required legal template. You can use it to obtain the relevant file for the Massachusetts prenuptial agreement form quickly. In the next section, we will explain the current Massachusetts laws to follow when creating their prenup agreement.

Massachusetts Prenup Laws and Requirements

Laws on the topic in Massachusetts are brief. Only two sections are dedicated to antenuptial agreements. They are included in Chapter 209 (Part II, Title III) of the Massachusetts General Laws. As stated in Section 25 of the indicated chapter, partners may create such agreements, and it is legal in the state.

Signing Requirements

Section 26 requires each couple that establishes a prenup agreement to create a list of properties and liabilities as an attachment for the document. Both papers should be made either before the wedding or no later than three months from the marriage date.

Enforceability

The agreement and supplements should also be submitted to the Registry of Deeds office. This office must be in the county where the husband resides. In case the husband is not a resident of the state, the wife’s residency counts.

If you do not register your agreement this way, it will not be effective in the state of Massachusetts. To define the nearest Registry of Deeds office, you may check the Secretary of the Commonwealth of Massachusetts ’s official website.

What Prenups Can Cover

Prenuptial agreements can impose lawful restrictions and conditions regarding partners’ assets (Section 25). Generally, you may include any provision about assets, debts, and funds (mutual and private). Prenups cannot cover questions tied to your children.

Published: Feb 25, 2021