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Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Massachusetts
- Meets your state's basic validity rules
- Signed correctly
- Properly witnessed or notarized as required
How to set up a Prenuptial Agreement in Massachusetts
- Review your state's requirements
- Gather the needed details
- Draft the document carefully
- Sign and witness/notarize
How much it costs
Costs vary; a lawyer can be expensive, while a good template is far more affordable.
Before You Begin: MA Prenup Checklist
Drafting a valid Massachusetts prenuptial agreement requires careful preparation. Use this checklist to organize your approach before working with a lawyer or using a template.
- Disclose all assets, debts, and income—incomplete or inaccurate financial statements can void the agreement later.
- Each party should consult their own independent lawyer; waiving this right risks the agreement being challenged for unconscionability.
- Sign the agreement well before the wedding—ideally 30+ days—to avoid claims of duress or coercion.
- Decide on key terms: property division, spousal support (alimony), and treatment of inheritances, but note that child support cannot be waived.
- Have the agreement in writing and signed by both parties—oral prenups are unenforceable in Massachusetts; notarization is not required but recommended for authenticity.
- Avoid language that encourages divorce or waives child support—such clauses are likely void or unenforceable in Massachusetts courts.
Questions people ask
Is a lawyer required?
No, but state rules must be followed.