You’re planning a life together, but it’s also smart to plan for the unexpected. A prenuptial agreement doesn’t mean you expect to get a divorce. It demonstrates your value of clarity, protection and fairness. In Massachusetts, prenups help couples avoid messy disputes later, especially when they deal with property, business interests or debt.
But these agreements have limits. When you understand what you can and cannot include, you can protect your rights and ensure the agreement remains valid.
What you can include
A well-written prenuptial agreement (prenup) covers financial matters and future planning. Massachusetts courts let couples include a wide range of topics, such as:
- Property division: You can decide how to divide property and assets if the marriage ends.
- Debt: You can agree on who will take on certain debts.
- Spousal support: You may include rules about alimony, including limits or waivers, though a court may choose to review it later.
- Business interests: If one spouse owns a business, the prenup can protect it from division.
- Inheritance rights: You can explain how to handle family wealth or expected inheritance.
When both sides share financial details and agree to fair terms, the court usually enforces the agreement.
What you can’t include
Some things don’t belong in a prenup – and adding them can lead the court to throw out part or all of the agreement. For example:
- Child custody and support: Courts decide what’s best for the child at the time of divorce. You can’t set this ahead of time.
- Anything illegal: You can’t include terms that break state or federal laws.
- Unfair terms: A judge may reject the prenuptial agreement if it favors one spouse or if one person signed under duress.
If you try to include these terms, you risk weakening the entire agreement; so leave them out from the start.
Talk to a lawyer before signing
Even if you trust your future spouse, it’s a good idea to meet with your lawyer before signing. A lawyer helps ensure that the prenup complies with legal requirements and effectively protects your interests. A strong agreement gives peace of mind – but only if you do it right.