Chapter 209, Section 25 and the Massachusetts Case Law
The state has not adopted the Uniform Premarital Agreement Act. General Laws chapter 209, section 25 authorizes written contracts made before marriage about the parties’ property, while enforceability comes mainly from Supreme Judicial Court decisions.
The controlling rule is the two-look test from DeMatteo and Austin. The agreement has to be fair and reasonable when signed, then conscionable when enforcement is sought, as the table below summarizes.
Are Prenups Enforceable in Massachusetts?
Yes, if the agreement passes two reviews: it must be fair and reasonable when signed, and still conscionable when a spouse asks the court to enforce it at divorce.
A prenup gets thrown out when it fails the two-look test. DeMatteo says an antenuptial agreement is enforceable only if it is fair and reasonable at execution and conscionable at enforcement.
The first look focuses on the signing process. Courts examine whether the contesting party had full and fair disclosure of the other party’s worth, knowingly waived rights, and understood the agreement.
The second look focuses on the result at divorce. An agreement is not unenforceable merely because it divides property or sets support differently from what a judge would order under chapter 208, section 34, or because it is one-sided.
A judge may relieve a party only if enforcement would leave the contesting spouse without sufficient property, maintenance, or employment to support herself or himself. Rudnick described that as being essentially stripped of substantially all marital interests.
Rudnick shows how the second look can change the outcome. The agreement was fair at signing, but later events left the wife unable to support herself, so the Massachusetts Appeals Court affirmed that it was unenforceable.
MarriageScience’s appellate prenup study reviewed 92 U.S. appellate validity disputes from 2021 to 2025. Courts enforced 43 in full and invalidated 18 in full, and the one local appellate case in that set was Rudnick.
- A Massachusetts lawyer for each of you
- Each lawyer adds $799 to the $599 online agreement
- Shows the knowing waiver DeMatteo’s first look asks about
DeMatteo, Austin, Rudnick and Ansin
The cases below turn on timing, disclosure, understanding, and the financial result at divorce. DeMatteo and Austin enforced agreements after the second look, while Rudnick voided one because later events left the wife without enough support.
Ansin matters for couples who are already married. The Supreme Judicial Court recognized marital agreements signed during marriage when they survive careful scrutiny, and it upheld the agreement in that case.
Alimony Caps and the Second Look
Alimony is governed by the Alimony Reform Act, General Laws chapter 208, sections 48 to 55. General term alimony duration is capped by the length of the marriage unless the court deviates with written findings.
Section 49 sets the duration limits. For marriages of 5 years or less, general term alimony lasts no more than 50% of the number of months of the marriage, then the percentage rises for longer marriages, and marriages over 20 years may support an indefinite order.
A prenup can set support differently from what a court would order under chapter 208, section 34. DeMatteo makes clear that a different support result, by itself, does not make the agreement unenforceable.
The second look is the guardrail. A judge may relieve a spouse if enforcement would leave that spouse without sufficient property, maintenance, or employment to support herself or himself.
Is Massachusetts a 50/50 Divorce State?
This is an equitable distribution state, with an all-property rule. Divorce property division is not a 50/50 formula.
General Laws chapter 208, section 34 lets the court assign to either spouse all or any part of the estate of the other. The Supreme Judicial Court read the word “estate” to cover property however acquired in Rice v. Rice.
That matters for premarital assets. Without a prenup, property owned before the wedding can still be considered and assigned in divorce.
The same all-property rule can reach inheritances. A prenup can give the couple a written property contract before marriage, while the default rule leaves broad discretion with the judge.
The statute lists factors the court weighs, including the length of the marriage, conduct of the parties, age, health, station, occupation, income sources, vocational skills, employability, estate, liabilities, needs, and opportunity for future acquisition of assets and income.
The result is fact-specific. Title matters, but it does not end the analysis when chapter 208, section 34 applies.
What Cannot Be in a Massachusetts Prenup?
A Massachusetts prenup cannot leave a spouse, at divorce, without enough property, maintenance or work to get by, and it cannot escape the court’s second look. It also has to be a written contract, so an oral property promise does not count.
A prenup can address property because General Laws chapter 209, section 25 authorizes written contracts made before marriage about the parties’ property. That power matters because the divorce default is an all-property equitable distribution rule.
The agreement can also affect support, but the second look remains important. DeMatteo says an agreement is not invalid merely because it sets support differently from what a judge would order under chapter 208, section 34.
Austin is a useful example of acceptable property design. The agreement let the wife keep her premarital property, gave her a joint interest in marital assets, and split appreciation on the marital home even though the husband held title.
The limit is enforcement. A judge may relieve a contesting spouse if the agreement would leave that spouse without sufficient property, maintenance, or employment to support herself or himself.
Terms Massachusetts Courts Have Upheld
- Classify premarital property as separate property.
- Address how appreciation on a marital home will be shared.
- Give one spouse a joint interest in marital assets.
- Preserve a spouse’s premarital property, as in Austin.
- Set property division differently from chapter 208, section 34.
- Set support differently from what a judge might otherwise order.
Where the Second Look Bites
- Rely on an oral property promise instead of a written premarital contract.
- Count on notarization alone to fix an unfair signing record.
- Avoid the second-look test at divorce.
- Leave the contesting spouse essentially stripped of substantially all marital interests.
Writing It Down Before the Wedding
A prenup here has to be a written agreement signed before the marriage. The deeper enforceability test comes from case law.
Chapter 209, Section 25 in Practice
General Laws chapter 209, section 25 authorizes written contracts made before marriage about the parties’ property. The state does not require notarization for validity, although practitioners commonly notarize prenups.
Lawyers and First-Look Fairness
The formal validity rule is a writing signed before marriage, and no rule makes a lawyer mandatory. Still, first-look fairness asks whether the contesting party had full and fair disclosure, knowingly waived rights, and understood the agreement.
Licenses and Signing Dates
The agreement has to be signed before the wedding. The state has a three-day waiting period between filing the notice of intention to marry and issuance of the license, unless a court waives it, and the license is valid for 60 days.
Incomes, Home Values and Late Marriages in Massachusetts
Massachusetts married couples have the highest median family income of any state, according to the Census Bureau’s American Community Survey.
Home value is another local issue. The state’s median home value is $607,400, so decisions about premarital equity, appreciation, and title can have large consequences under an all-property divorce rule.
The state also has an older first-marriage profile than the country as a whole. Women have the oldest median age at first marriage among the 50 states, which can mean more time to acquire retirement savings, business interests, or home equity before marriage.
Of residents who have ever married, 16.3% have married more than once, against 23.5% nationally and the second lowest share among the states.
How Much Does a Prenup Cost in Massachusetts?
Prenup cost here depends heavily on attorney time. Clio Legal Trends reports a family law average of $311 per hour in the state, with lawyers overall averaging $318 and typically ranging from $108 to $681.
As an illustration, 8 hours at $311 per hour equals $2,488 for one lawyer. That figure is only a time example, since drafting, review, negotiation, and revisions can vary by couple.
HelloPrenup lists pricing in the state at $599 per couple, with an attorney in the state for each partner at $799 per partner. The Attorney-Signed package costs $2,197, while e-notarization and attorney Q&A run $50 and $49.
Couples comparing lawyer-led and online work can read our HelloPrenup review and compare the figures in the table that follows.
| Route | Cost | What you get |
|---|---|---|
| Online prenup | $599 per couple | Massachusetts agreement with a disclosure schedule and a free consultation |
| Online prenup, attorney for each partner | $2,197 per couple | Counsel on both sides, which strengthens the first-look record |
| Single attorney add-on | $799 per partner | Massachusetts counsel for one of you |
| Hourly family lawyer | $311 per hour | Average Massachusetts family law rate. Two lawyers at eight hours each come to $4,976, as an illustration |
Postnups After Ansin V. Craven-Ansin
After the wedding, state law recognizes marital agreements under Ansin v. Craven-Ansin. The Supreme Judicial Court held that agreements signed during marriage can be enforceable when they survive careful scrutiny.
That is the route for couples who want a written agreement after marriage. It is different from a prenup because the agreement is made during the marriage, a distinction explained in our prenup vs postnup guide.
Ansin upheld the postnuptial agreement before the court. It is the leading authority here on changing the financial arrangement after the wedding.
Preparing for Both Looks, Step by Step
A prenup process here should be built around the two-look test. The signing record, the financial disclosure record, and the later support result all matter.
- List Property GoalsIdentify premarital assets, expected inheritances, home equity, and support concerns. Courts here can divide property however acquired without a prenup.
- Exchange Financial InformationFirst-look fairness examines full and fair disclosure of worth. A clear disclosure record helps show what each partner knew before signing.
- Choose Separate ReviewIndependent legal review is not listed as a formal validity requirement. It can still affect the record on knowing waiver and understanding.
- Draft Before MarriageGeneral Laws chapter 209, section 25 concerns written contracts made before marriage. The marriage license has a three-day waiting period after filing the notice of intention, unless a court waives it.
- Review First-Look IssuesRead the agreement against the DeMatteo first look. The record should show disclosure, waiver, and understanding.
- Sign and Keep CopiesThe state does not require notarization for validity, although practitioners commonly notarize. Keep signed copies with the financial schedules and drafts.
Massachusetts Couples Ask
Massachusetts couples ask about downsides, inheritances, last-minute signing and notaries. The answers lean on DeMatteo and the cases above.
What is the downside of a prenup in Massachusetts?
Mostly uncertainty about the second look. An agreement that was fair when signed can still be set aside at divorce if events during the marriage leave one spouse without enough to live on, as Rudnick shows.
Can a prenup protect an inheritance in Massachusetts?
Yes, a prenup can say how the couple will treat an inheritance. Without one, a Massachusetts court can consider property however acquired, inheritances included, under the all-property rule.
Can we sign a prenup the day before the wedding in Massachusetts?
Nothing in Massachusetts law bars it, but the timing becomes part of the first-look review of disclosure and understanding. Rudnick involved a prenup signed the day before the wedding, and the court threw it out on the second look.
Do Massachusetts prenups need a notary?
No. A written agreement signed before the marriage is enough for validity, although practitioners commonly notarize.
Does a prenup protect you 100% in Massachusetts?
No. Every Massachusetts prenup gets a second look at divorce, and a judge can set it aside if enforcing it would leave a spouse without sufficient property, maintenance or employment to support themselves.
Connecticut, Rhode Island and New Hampshire Rules
Connecticut and Rhode Island adopted versions of the uniform act, and New Hampshire did not. Compare their signing rules if either of you lives across the line.
Sources
Supreme Judicial Court and Appeals Court decisions supply most of the rules here, alongside chapters 208 and 209 of the General Laws. Census and Clio supply the figures.
- General Laws chapter 209, section 25, antenuptial agreements (Massachusetts Legislature)
- General Laws chapter 208, section 34, division of property (Massachusetts Legislature)
- General Laws chapter 208, section 49, general term alimony (Massachusetts Legislature)
- Getting married in Massachusetts, license rules (Mass.gov)
- Rudnick v. Rudnick, Massachusetts Appeals Court (CourtListener)
- DeMatteo v. DeMatteo, Supreme Judicial Court (CourtListener)
- Austin v. Austin, Supreme Judicial Court (CourtListener)
- Ansin v. Craven-Ansin, Supreme Judicial Court (CourtListener)
- U.S. Census Bureau, American Community Survey 1-year estimates
- Clio Legal Trends, lawyer hourly rates in Massachusetts
- Marriage Science, Do Prenups Hold Up in Court? Appellate study
Not legal advice. This article is general information only. Prenup laws differ by state and change over time. Consult a licensed attorney in your state before acting on anything here.
