MA · PRENUP · Updated July 2026 · Free
Massachusetts Prenuptial Agreement
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Massachusetts at a glance: Second Look Doctrine: Agreement must be fair at execution AND at divorce · Notary Required: Recommended for execution · Governing Law: Massachusetts Common Law
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Overview
Prenuptial Agreements in Massachusetts
Massachusetts does not use the UPAA. Prenuptial agreements are governed by common law rules established in Osborne v. Osborne, requiring a "second look" at the time of enforcement.
Key Facts
Massachusetts Prenuptial Agreement — Quick Reference
| Requirement | Massachusetts Rule |
|---|---|
| Second Look Doctrine | Agreement must be fair at execution AND at divorce |
| Notary Required | Recommended for execution |
| Governing Law | Massachusetts Common Law |
Legal Requirements
Massachusetts Legal Requirements
- Must be in writing and signed.
- Waivers of property or alimony must be fair and reasonable at the time of divorce.
Governing Laws
Massachusetts Governing Laws
Read the full text of these laws at Cornell Law School's Massachusetts legal resources or your state legislature's official website.
Questions & Answers
Massachusetts Prenuptial Agreement — Frequently Asked Questions
What is the "second look" doctrine in Massachusetts?
It is a judicial rule where the court reviews the prenup at the time of divorce. If enforcing the agreement would leave one spouse destitute or without support, the court can override the agreement.