Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Massachusetts — in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and enforceable in Massachusetts, subject to the state's distinctive two-look fairness review.
Massachusetts authorizes antenuptial agreements by statute at G.L. c. 209 § 25, but the real rulebook is case law: DeMatteo v. DeMatteo, 436 Mass. 18 (2002), the Supreme Judicial Court's landmark decision. Massachusetts has not adopted the UPAA. Under DeMatteo, a prenup is enforced if it was fair and reasonable at execution and remains conscionable at the time of divorce — the celebrated "second look." The first-look bar is deliberately demanding for challengers: an agreement fails it only if its terms essentially vitiate the very status of marriage. The second look is the state's safety net against enforcement that would strip a spouse of any means of support.
A Massachusetts prenup is enforceable when it was fair and reasonable at signing and is still conscionable at divorce — the second look is the hurdle unique to Massachusetts planning.
The agreement must be a written contract signed by both parties before the marriage, per G.L. c. 209 § 25.
Courts weigh full financial disclosure, each party's opportunity to consult independent counsel, and whether the terms were understood. An agreement fails only if it essentially vitiates the status of marriage — but skipping disclosure is how people fail it.
At divorce, the judge takes a second look. The agreement is set aside only if, due to circumstances occurring during the marriage, enforcing it would leave the contesting spouse without sufficient property, maintenance, or appropriate employment to support themselves.
Both parties must sign free of duress, with honest disclosure of assets and a genuine chance to have their own lawyer review the deal before the wedding.
| Governing statute | G.L. c. 209 § 25 + DeMatteo v. DeMatteo, 436 Mass. 18 (2002) (no UPAA) |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Alimony can be waived, but the waiver must survive the second look at divorce |
See how Massachusetts's signing formalities compare in our prenup notarization requirements by state guide.
Massachusetts courts invalidate prenups that were unfair at signing — usually for hidden assets or no chance to consult counsel — or that fail the second look because enforcement would leave a spouse unable to support themselves.
The DeMatteo framework gives judges two checkpoints. At the first, they ask whether disclosure was honest and the signing informed and voluntary; agreements sprung on a fiancé without disclosure are the classic first-look failure. At the second, taken at divorce, the question is narrow: would enforcement leave the contesting spouse without sufficient property, maintenance, or appropriate employment? A one-sided deal can still pass if the disadvantaged spouse can support themselves. Disclose fully, give both sides time and access to counsel, and keep the terms livable — that's a prenup that survives both looks.
Trusted Prenup creates a state-specific Massachusetts prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A Massachusetts attorney-drafted prenup often costs $2,500–$10,000 or more. Trusted Prenup creates a state-specific Massachusetts prenup online for a flat $599, with optional notarization and attorney-review add-ons.
No — G.L. c. 209 § 25 does not require notarization for a prenup to be valid. Notarizing is still strongly recommended to prove authenticity, and it's available as an add-on.
Yes — at two points. A spouse can argue it wasn't fair and reasonable when signed (no disclosure, no chance for counsel, duress), or invoke the second look and argue enforcement at divorce would leave them unable to support themselves.
From DeMatteo v. DeMatteo, it means a judge reviews a valid prenup again at the time of divorce. The agreement is set aside only if changed circumstances mean enforcing it would leave the contesting spouse without sufficient property, maintenance, or appropriate employment to support themselves.
Yes, alimony can be limited or waived — but the waiver gets the second look too. If enforcing it at divorce would leave a spouse with no means of support, a court can decline to enforce it.
It isn't strictly required, but the opportunity to consult independent counsel is a factor courts weigh at the first look, so each side should at least have the chance. Trusted Prenup's optional attorney-review add-on covers this.
Yes — Massachusetts enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Massachusetts's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Massachusetts law and not a substitute for advice from a licensed attorney about your situation.