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Prenuptial Agreement Laws in Massachusetts

Massachusetts has no uniform premarital agreement act; G.L. c. 209, s. 25 allows written prenuptial contracts, and courts require that the challenging party was fully informed of the other's worth or had independent knowledge of it.

Last checked . General information, not legal advice.

Massachusetts at a glance

Uniform act
No uniform act: G.L. c. 209, s. 25 and case law
Courts apply the fair disclosure rules from Rosenberg v. Lipnick and DeMatteo v. DeMatteo (2002).
Financial disclosure required
Yes, unless already known
The challenging party must have been fully informed of the other party's worth, or had or should have had independent knowledge of it.

Sources

Last checked

The rules in Massachusetts

Has Massachusetts adopted the Uniform Premarital Agreement Act or a similar uniform law?

Uniform act in Massachusetts: No uniform act: G.L. c. 209, s. 25 and case law. Courts apply the fair disclosure rules from Rosenberg v. Lipnick and DeMatteo v. DeMatteo (2002).

Does a prenuptial agreement in Massachusetts require financial disclosure to be enforceable?

Yes, unless already known. Financial disclosure required in Massachusetts: yes, unless already known. The challenging party must have been fully informed of the other party's worth, or had or should have had independent knowledge of it.

Where do the Massachusetts prenuptial agreement laws come from?

The rules above come from Mass. Gen. Laws ch. 209, s. 25 and DeMatteo v. DeMatteo, 436 Mass. 18 (2002). Each source is linked on this page. We last checked them in October 2026.

Good to know

If the agreement was valid when signed, courts take a second look at the time of divorce before enforcing it.

What this means in practice

Sign well before the wedding. Courts may look closely at an agreement presented shortly before the ceremony, and some states set a minimum time between receiving the final draft and signing it. Leaving time to read, ask questions and negotiate helps show the agreement was entered voluntarily.

Exchange full financial information in writing. A schedule of each party's assets, debts and income attached to the agreement creates a record of what was disclosed. Where a party gives up the right to more information, that waiver should usually be in writing and signed as well.

Consider separate lawyers for each party. Even where independent counsel is not strictly required, having each person advised by their own attorney can make the agreement harder to challenge later. Terms about child support or custody are generally not binding, and spousal support waivers can face extra scrutiny, so a local attorney can confirm what is allowed.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.