A Pre-Nuptial Agreement is a written document signed before the marriage setting forth the parties' assets and liabilities and establishing alimony and property division, if any, if the parties end up getting a divorce. In order for a court to enforce a Pre-Nuptial Agreement in Massachusetts, it must be deemed to be fair when signed and fair when enforced. It is getting difficult to challenge a well-written prenup. However a prenup cannot impact the court's awarding of custody or child support.
A Postnuptial Agreement is a written contract executed after a couple gets married, or have entered a civil union, to settle the couple's affairs and assets in the event of separation or divorce. The contract must be scrutinized by a judge to determine whether each party had an opportunity to obtain separate legal counsel of that party's own choosing, whether there was fraud or coercion in obtaining the agreement, whether all assets were fully disclosed by both parties before the agreement was executed, whether each spouse knowingly and explicitly agreed in writing to waive the right to a judicial equitable division of assets and all marital rights in the event of a divorce, and whether the terms of the agreement were fair and reasonable at the time of execution and remained so at the time of divorce
Summary of State Case Law
More Info on Nuptial Agreements
The Massachusetts Family Law bar has been waiting for the answer to whether or not Massachusetts will recognize a post nuptial agreement ...... (more)
Long Awaited Guidance on Post Nuptial Agreements in Massachusetts - by Wendy O. Hickey
While it might sound unusual or even offensive on some level, signing a premarital agreement that says, in the event of a separation or divorce, your husband waives whatever claims and rights he may have regarding ownership of and visiting or playing with each and every one of the dogs is not a bad idea....(more)
PreNups for Pets - by Jerry Nissenbaum - Boston Herald