Can a Prenup Be Thrown Out in Massachusetts?

Under Massachusetts law (M.G.L. c. 209, § 25), a prenuptial agreement (prenup) can be legally enforceable. With that being said, certain legal criteria must be satisfied. A prenup can absolutely be partially or even wholly thrown out by a court. Here, our Peabody prenup lawyer explains why a prenuptial agreement could be invalidated in Massachusetts. 

Massachusetts Courts Use a Two-Part Enforceability Analysis for Prenups 

Massachusetts courts evaluate prenuptial agreements using a two-stage legal test. The test focuses on both the time the agreement was signed and the time enforcement is requested. The primary case of reference for this matter is DeMatteo v. DeMatteo. That is a 2002 case in which the Supreme Judicial Court clarified how courts review premarital agreements. Here is an overview of the two parts of the prenuptial agreement enforceability standard:

• Validity at Signing (Was Prenup Ever Enforceable): To start, a Massachusetts court will look at the validity at the time of the actual signing of the document. The key matter is whether the agreement was valid at execution. In other words, a court must confirm that the agreement followed the proper standard. Among other things, a judge will review whether each party entered the agreement voluntarily and with full knowledge of the other party’s financial circumstances. The court also considers whether the terms were fair and reasonable when the agreement was signed. Some prenups were never valid.
• Validity at Time of Divorce (Is Prenup Still Enforceable): The second part of the test assesses the current enforceability of the agreement. In Massachusetts, even if the agreement was valid when executed, enforcement may still fail if circumstances have changed in a way that would make the agreement unconscionable at the time of divorce. Courts do not enforce prenups that are fundamentally unfair.

The Three Most Common Reasons Prenups Get Thrown Out in Massachusetts

Full Financial Disclosure Were Not Made

Transparency matters. Massachusetts law requires meaningful financial disclosure before a party waives marital property rights. Without accurate disclosure, a spouse cannot knowingly agree to the terms of the contract. Courts will examine whether each party had sufficient information to understand the other spouse’s financial position.

Coercion (Lack of Voluntary Consent)

Consent is key for the enforceability of prenups in Massachusetts. A court will evaluate the circumstances surrounding the execution of the agreement. A prenuptial agreement must be the product of voluntary consent. If the evidence shows that one party signed the agreement under coercion or undue pressure, the agreement may not be enforceable.

Unconscionability

Even a properly executed prenuptial agreement may fail if enforcement would produce an unconscionable result at the time of divorce. Massachusetts courts do not enforce agreements that would leave a spouse without reasonable support or that would impose extreme financial hardship.

Contact Our Peabody, MA Prenup Attorney Today

At Reade Law Firm, PC, our Massachusetts family lawyer has the skills and experience to handle prenup issues. If you have any questions about litigation of a prenup, we are here as a family law resource. Contact us right away to set up a strictly confidential initial consultation. From our Peabody law office, we serve communities throughout the region in Massachusetts.

Source:

law.justia.com/cases/massachusetts/supreme-court/volumes/436/436mass18.html