Premarital Agreement Law in Massachusetts

Abstract

This chapter is part of a project which in book form brings together the law governing the drafting and use of premarital agreements in a number of American states. This chapter discusses Massachusetts law. This state has had statutory law for many years dealing with mutual waivers of probate estate claims by persons who are intending to marry. In the last few decades common law rules have also evolved governing the potential for drafting agreements waiving alimony and property division claims intended to be enforceable in the contingency of a divorce. The chapter traces the various court interpretations up to the present, which in a series of decisions have made enforcement easier when the waiver is express, the agreement is fair and reasonable when made, and not unconscionable when enforcement of an agreement is sought. Various issues facing a draftsman are reviewed. The chapter also compares premarital agreements to marital reconciliation agreements which have been recently recognized in Massachusetts in certain limited circumstances.