When couples sign prenuptial agreements, they want protection if divorce happens later. These documents help high-net-worth individuals in Massachusetts feel secure about their finances.
However, prenups don’t always hold up in court. Massachusetts judges can throw out these agreements in several situations that many couples don’t expect.
Pressure to sign
If one spouse felt forced or pressured, the agreement might be invalid. Big red flags include getting a prenup the day before the wedding or threatening to cancel the wedding without a signature.
Courts check whether both parties had adequate time to review and consider the terms before signing.
Hidden assets
Both you and your spouse need to reveal all important financial information before signing a prenup. Full transparency is crucial. This includes assets, debts and all income sources.
Hiding any asset, whether that’s property, investments or business interests, will likely make the agreement invalid. Even accidentally leaving one out can cause problems. This is especially true if the missing ones are major assets that would have affected the agreement.
The “second look” test
Massachusetts has a special way of checking prenups called the “second look” test:
- At signing: Judges check if the agreement was fair when you signed it
- At enforcement: Judges also check if it’s still fair now, at divorce time
- Changed financial situations: Dramatic wealth increases can often affect enforceability
- Health circumstances: Serious illness or disability that come up while you’re married may raise concerns
- Length of marriage: Longer marriages face stricter scrutiny
- Children born: Having children often affects how courts view prenup provisions
This Massachusetts standard makes prenups harder to enforce than in many other states.
Problematic provisions
Some things in a prenup automatically make it invalid in Massachusetts. You can’t predetermine child custody or support. Clauses that reward someone for getting or initiating the divorce won’t stand, either
Provisions that would force one spouse onto public assistance generally fail. Even if some parts of the prenup are valid, bad clauses can sometimes ruin the entire agreement.
Paperwork problems
Even fair prenups fail when they don’t follow proper procedures. Both you and your spouse should have your own lawyers or clearly waive this right.
Remember, any legal agreement needs proper signatures, witnesses and notarization. Verbal agreements hold no legal weight at all. More importantly, improperly changed agreements without formal amendments won’t pass legal scrutiny, either.
Keep your agreement strong and valid
Review your prenup regularly, especially after big life changes like having children or moving homes. Starting a business or a new job counts as well. This helps you ensure your prenup protects you as planned and reduces surprises during divorce.
Consider formal updates if your situation has changed significantly. Talking to a high-asset divorce attorney before filing for divorce is another way to help you avoid unenforceable prenups.
