Massachusetts-licensed attorneys drafting prenuptial and postnuptial agreements for couples across the state. Flat-fee pricing, a fully virtual process, and an experienced attorney managing your agreement from consultation through signing.
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Prenuptial agreements in Massachusetts, called antenuptial agreements, are governed by case law rather than a uniform statute. Massachusetts has not adopted the Uniform Premarital Agreement Act or its newer counterpart. The controlling standard comes from the Massachusetts Supreme Judicial Court, most importantly the 2002 decision in DeMatteo v. DeMatteo, building on earlier cases like Osborne v. Osborne and Rosenberg v. Lipnick.
Massachusetts is an equitable distribution state, and notably an “all property” state. In a divorce, a Massachusetts court can consider all property either spouse owns, not just property acquired during the marriage. That broad reach is a major reason a prenuptial agreement matters here. Without one, even property you brought into the marriage can be on the table. A prenuptial agreement lets you define what stays separate and how property is handled.
What makes Massachusetts distinctive is that it reviews a prenuptial agreement twice, under what is known as the two-look or second-look doctrine. To be enforced, an agreement must pass both:
This second look is the most important thing to understand about Massachusetts. An agreement that was perfectly fair when signed can still be revisited years later if life circumstances have changed dramatically. That is different from states that judge fairness only at signing, and it makes the substance of the terms, not just the paperwork, matter over the long run.
As with any contract, a Massachusetts antenuptial agreement must also be in writing, signed, and free of fraud, misrepresentation, and duress. Notarization is strongly recommended. Independent counsel for each party is not strictly required but is significant evidence of a voluntary, informed agreement.
Massachusetts looks at a prenup twice: once when it is signed (it must be fair and reasonable) and again at divorce (it must still be conscionable). Even a valid agreement can be set aside if changed circumstances would leave a spouse without enough to support themselves. Because of that second look, the smartest Massachusetts agreements use full disclosure, an explicit waiver of rights, and terms that are genuinely fair rather than extreme. We draft specifically to pass both looks.
$150, credited toward your agreement.
Custom to Massachusetts law, no templates.
Revisions included in the flat fee.
Fully virtual, with online notarization coordinated for you. Massachusetts does not impose a statutory waiting period, but because timing and fairness both matter, we build in full disclosure, an explicit waiver of rights, and enough time before the wedding to avoid any suggestion of pressure.
Flat fee. Clear scope. No surprises.
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We work with couples across Massachusetts, from Boston, Worcester, and Springfield to Cambridge, Lowell, Quincy, Newton, and New Bedford. Because our entire process is virtual, where you live in the state makes no difference to the quality or speed of your agreement. You work directly with a Massachusetts-licensed attorney by video and secure document exchange, on a schedule that fits your timeline before the wedding.
If you searched for a prenup attorney near you, you do not need an office down the street. You need an attorney who focuses on prenuptial agreements, understands the Massachusetts two-look doctrine, and can manage the entire process from first consultation to final signature without you ever sitting in a waiting room. That is exactly what we do.
I spent years helping couples navigate divorce. The financial damage I saw was not inevitable. Assets split under laws couples never understood, decades of work undone. Most of it could have been addressed clearly and fairly before the wedding with a well-crafted prenuptial agreement. I built Prenups.com to make that process accessible for any couple that wants to start their marriage on the same page, financially and legally.
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A prenuptial agreement in Massachusetts, called an antenuptial agreement, is a written contract signed before marriage that sets out how a couple’s property, debts, and alimony will be handled if the marriage ends in divorce or death. Massachusetts has no prenup statute governing enforceability, so these agreements are governed by case law, primarily DeMatteo v. DeMatteo.
Yes, but Massachusetts reviews them twice. Under the two-look doctrine, an agreement must be fair and reasonable when signed and still conscionable when it is enforced at divorce. A court can decline to enforce an otherwise valid agreement if changed circumstances would leave the contesting spouse without sufficient property, support, or employment.
A valid Massachusetts antenuptial agreement must be in writing and signed, free of fraud and duress, fair and reasonable when signed, and supported by full disclosure of each party’s assets and liabilities with a clear waiver of spousal rights. Notarization and independent counsel for each party are strongly recommended.
At Prenups.com, a Massachusetts prenuptial agreement is a flat fee of $3,500. There is no hourly billing and no surprise charges. The fee includes drafting, all revisions and negotiation, and coordinated online signing. Postnuptial agreements are $4,500. Complex or high net worth matters are handled through our Platinum service starting at $10,000.
Most Massachusetts prenuptial agreements are completed in about two to three weeks from the initial consultation, depending on how quickly both parties review and respond. We recommend starting several weeks before the wedding, so the timing cannot be used to suggest duress or that a party did not have enough time to review.
Yes. A prenuptial agreement must be signed before marriage and takes effect on the date of marriage. If you are already married, a postnuptial agreement is available, though it is scrutinized more closely. Massachusetts does not set a fixed statutory waiting period, but signing well in advance is important to show the agreement was made freely and with adequate review time.
Yes, in two ways. At the first look, an agreement can be invalidated if it was not fair and reasonable when signed, for example if it strips a spouse of substantially all marital interests, or if disclosure was inadequate. At the second look, a valid agreement can be set aside at divorce if changed circumstances would leave the contesting spouse without sufficient property, maintenance, or appropriate employment.
A Massachusetts prenup can address the division of property, including property brought into the marriage, a waiver or limitation of alimony, the treatment of debts, gifts, and inheritances, the protection of a business, estate rights and waivers, and protection for children from prior relationships, subject to the two-look fairness review.
A Massachusetts prenup cannot determine child support, custody, or parenting time, which the court decides based on the child’s best interests. It also cannot be enforced if it was not fair and reasonable at signing, or if at divorce changed circumstances would leave the contesting spouse without sufficient support, and it cannot include terms that violate public policy or law.
Massachusetts does not strictly require each party to have a separate attorney, but independent counsel is significant evidence that the agreement was voluntary and informed. Given the two-look standard and the importance of full disclosure and a clear waiver of rights, independent representation for each party is strongly recommended.
Yes, and it is especially valuable in Massachusetts because the state is an “all property” jurisdiction, meaning a court can reach all of your property in a divorce. A well-drafted agreement can confirm a business as separate property, address growth in value during the marriage, and prevent a spouse from acquiring an interest in the company. This matters most for founders, partners, and professional practice owners.
Yes. Massachusetts recognizes postnuptial agreements under Ansin v. Craven-Ansin, but they are scrutinized more closely than prenups because the spouses are already married and owe each other a fiduciary duty. A postnup must be carefully drafted, fully disclosed, and fair. At Prenups.com, a Massachusetts postnuptial agreement is a flat fee of $4,500.
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