Prenuptial agreements in Massachusetts
Massachusetts is one of the few states where courts can review a prenup's fairness both when it was signed and when enforcement is sought. Neptune's attorneys draft with this second-look doctrine in mind.
$5,000 flat fee per couple. Two independent attorneys included.
How Massachusetts differs
Massachusetts adopted the Uniform Premarital Agreement Act in 2016 (M.G.L. c. 209, Sections 25 through 30), but its courts add a distinctive layer of protection through the second-look doctrine.
Massachusetts's distinguishing feature
The second-look doctrine
In DeMatteo v. DeMatteo (2002), the Supreme Judicial Court held that Massachusetts courts may evaluate a prenuptial agreement at two points: the time of execution and the time enforcement is sought. Even an agreement that was fair when signed can potentially be set aside if circumstances have changed so dramatically that enforcement would be unconscionable. This two-stage review is uncommon among states and shapes how attorneys should draft agreements in Massachusetts.
UPAA requirements in Massachusetts
Written agreement signed by both parties
Under M.G.L. c. 209, Section 25, a premarital agreement must be in writing and signed by both parties to be enforceable.
Voluntary consent by each party
Neither party may be subject to fraud, duress, or coercion. Courts look at timing, circumstances of signing, and whether each party had adequate opportunity to review the terms.
Fair and reasonable financial disclosure
Each party must provide a fair and reasonable disclosure of property and financial obligations, or voluntarily waive the right to such disclosure in writing.
Not unconscionable at the time of execution
The agreement cannot be unconscionable when signed. Massachusetts courts assess whether the terms were so one-sided that a reasonable person would not have agreed to them.
Independent counsel strongly advisable
While not strictly required by statute, the SJC in DeMatteo emphasized that each party having independent legal counsel supports a finding of voluntariness and informed consent.
The DeMatteo framework
Under DeMatteo v. DeMatteo (2002), building on the earlier foundation ofOsborne v. Osborne (1981), Massachusetts courts apply a two-stage fairness review. The party challenging the agreement bears the burden of showing it should not be enforced.
Stage 1: At execution
Courts first examine whether the agreement was fair and properly entered into at the time it was signed.
- Was the agreement signed voluntarily?
- Did both parties have access to independent counsel?
- Was there full and fair financial disclosure?
- Were the terms unconscionable at signing?
- Was there adequate time to review before signing?
Stage 2: At enforcement
Courts then ask whether enforcement today would be unconscionable given changed circumstances since signing.
- Have circumstances changed significantly since execution?
- Would enforcement leave one party unable to support themselves?
- Has a disparity in financial positions become extreme?
- Would enforcement defeat the reasonable expectations of the parties?
- Is the result so inequitable as to be unconscionable today?
Your attorney can explain how Massachusetts courts have applied this framework and what drafting strategies may help your agreement withstand both stages of review.
What a prenup costs in Massachusetts
Both partners should have independent legal representation. With Boston-area rates among the highest in the country, here is how costs typically compare.
Traditional firms
$3,000–$10,000+
per couple
$1,500–$5,000+ per attorney
Hourly billing, variable total
Two separate retainers typically needed
Boston metro rates at the higher end
Neptune
$5,000
flat fee, both attorneys included
No hourly billing. No payment to start.
Rush pricing applies when the wedding is within 45 days.
How Neptune works in Massachusetts
Massachusetts's UPAA requirements and second-look doctrine inform every step. Your attorneys focus on financial disclosure and voluntary consent to support enforceability at both stages of review.
Guided intake and attorney connection
Answer questions about your finances, goals, and concerns. Neptune connects each partner with an independent Massachusetts-licensed attorney who understands UPAA requirements and the second-look doctrine.
Drafting with disclosure built in
Your drafting attorney prepares the agreement while guiding you through financial disclosure. The reviewing attorney independently represents the other partner, supporting the voluntariness that Massachusetts courts examine.
Review, negotiation, and signing
Both attorneys negotiate terms and work to confirm the agreement meets Massachusetts enforceability standards. No notary or witness is required by statute, simplifying the signing process.
Turnaround is typically around 3 to 4 weeks when both partners use Neptune attorneys.
Massachusetts prenup questions
What makes Massachusetts prenups unique?
Massachusetts is one of the few states that applies a "second look" at enforcement. Under the DeMatteo v. DeMatteo (2002) framework, courts can review a prenuptial agreement's fairness not only when it was signed, but again when enforcement is sought. This means an agreement that was fair at execution could potentially be set aside if circumstances have changed so dramatically that enforcement would be unconscionable. Most states only evaluate fairness at the time of signing.
Does Massachusetts require a notary or witnesses for a prenup?
No. Unlike some states (such as Georgia, which requires two witnesses and a notary), Massachusetts law does not mandate notarization or witnesses for a prenuptial agreement to be valid. The agreement must be in writing and signed by both parties under M.G.L. c. 209, Section 25. However, having the signatures notarized can help authenticate the document if it is later challenged.
What is the second-look doctrine?
The second-look doctrine, established by the Supreme Judicial Court in DeMatteo v. DeMatteo (2002), allows Massachusetts courts to evaluate a prenuptial agreement's fairness at the time enforcement is sought, in addition to the time of execution. If circumstances have changed so substantially that enforcement would leave one party without sufficient property, maintenance, or appropriate employment to support themselves, the court may decline to enforce some or all of the agreement's terms.
Can a prenup address alimony or spousal support in Massachusetts?
A prenuptial agreement in Massachusetts can address spousal support (alimony). However, courts retain discretion to review alimony provisions under the second-look doctrine. If enforcement of an alimony waiver would leave one spouse unable to support themselves, a court may modify or decline to enforce that provision. Your attorney can explain how to draft alimony terms that account for Massachusetts courts' approach to these issues.
How much does a prenup cost in Massachusetts?
Prenuptial agreements in Massachusetts typically cost $1,500 to $5,000 or more per attorney, with Boston-area firms often at the higher end. Since both partners should have independent representation, couples may pay $3,000 to $10,000 or more total. Neptune offers a $5,000 flat fee that includes two independent attorneys: one for each partner. There is no hourly billing and no payment required to start.
How long does the prenup process take?
When both partners use Neptune attorneys, turnaround is typically around 3 to 4 weeks. The timeline includes drafting, independent review, financial disclosure, and negotiation. Complex financial situations or scheduling constraints may require additional time. Rush pricing applies when the wedding is within 45 days.
Ready to get started?
Two independent Massachusetts-licensed attorneys. One flat fee. No payment required to begin.
Start your prenup
Reviewed by
Michael Cotugno, Esq.
Managing Partner, Neptune Legal · 30+ years practicing family law