PRENUPTIAL (ANTENUPTIAL) AGREEMENT
(Commonwealth of Massachusetts)
[// GUIDANCE: This template is designed for Massachusetts practitioners. Review and tailor all bracketed placeholders, confirm statutory references, and update schedules before execution.]
DOCUMENT HEADER
This Prenuptial (Antenuptial) Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
- [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“Party A”); and
- [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each a “Party”).
Recitals
A. The Parties contemplate legal marriage to one another on or about [PLANNED WEDDING DATE] (the “Marriage”).
B. Each Party desires to define their respective property rights, obligations, and other legal consequences arising from the Marriage;
C. The Parties have made, and acknowledge receipt of, full and fair disclosure of their respective financial circumstances, as set forth on Schedules A and B hereto; and
D. The Parties enter into this Agreement voluntarily, free of fraud, duress, or undue influence, in accordance with Massachusetts law governing antenuptial agreements.
NOW, THEREFORE, in consideration of the forthcoming Marriage and the mutual covenants herein, and intending to be legally bound, the Parties agree as follows:
TABLE OF CONTENTS
- Definitions
- Separate Property
- Marital Property
- Management & Control of Property
- Spousal Support; Waivers & Limitations
- Debts & Liabilities
- Estate Planning & Death Benefits
- Representations & Warranties
- Covenants
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Schedules
1. DEFINITIONS
For purposes of this Agreement, capitalized terms have the meanings set forth below. All references to “Sections” and “Schedules” are to sections and schedules of this Agreement unless otherwise indicated.
“Agreement” means this Prenuptial (Antenuptial) Agreement, inclusive of all Schedules, as amended from time to time in accordance with Section 13.1.
“Applicable Law” means the domestic relations and other relevant laws of the Commonwealth of Massachusetts.
“Effective Date” has the meaning set forth in the Document Header.
“Marital Property” has the meaning assigned in Section 3.1.
“Separate Property” has the meaning assigned in Section 2.1.
“Spousal Support” means any alimony, maintenance, or similar payment that one Party may be required to make to the other at or after dissolution of the Marriage.
“Specific Performance” means the equitable remedy of enforcing this Agreement according to its terms, including injunctive relief.
[// GUIDANCE: Add additional definitions as needed for complex assets, trusts, or business interests.]
2. SEPARATE PROPERTY
2.1 Definition. “Separate Property” means all assets, whether tangible or intangible, owned individually by a Party as of the Effective Date and listed on such Party’s Schedule (A for Party A; B for Party B), together with all:
(a) proceeds, increases, rents, profits, income, and substitutions thereof; and
(b) property acquired after the Effective Date solely with proceeds of Separate Property and kept segregated or adequately traceable.
2.2 Sole Ownership & Control. Each Party shall retain exclusive ownership, management, and control of his or her Separate Property, free from any claim by the other Party, both during the Marriage and thereafter.
2.3 Transmutation. A Party may convert Separate Property to Marital Property only by (a) written instrument signed by both Parties expressly referencing this Section 2.3, or (b) titling or retitling the asset in joint names with right of survivorship.
3. MARITAL PROPERTY
3.1 Definition. “Marital Property” means (a) assets acquired jointly by the Parties after the Effective Date and during the Marriage, other than Separate Property, and (b) assets expressly designated as Marital Property by written agreement in accordance with Section 2.3.
3.2 Presumption. Assets acquired in joint names during the Marriage are presumed Marital Property unless expressly stated otherwise.
3.3 Division Upon Dissolution. Upon dissolution of the Marriage, Marital Property shall be divided [EQUAL / EQUITABLE / AS OTHERWISE PROVIDED IN SECTION 3.4].
3.4 Alternate Division Formula. [Describe agreed percentages, valuation methods, or specific asset allocations.]
4. MANAGEMENT & CONTROL OF PROPERTY
4.1 Day-to-Day Expenses. The Parties shall mutually determine responsibility for living expenses, but may maintain separate bank accounts.
4.2 Joint Acquisition Procedures. For any jointly acquired asset exceeding [$____] in value, the Parties shall execute written acknowledgment designating the asset as Marital Property or Separate Property.
4.3 Record Keeping. Each Party shall maintain records sufficient to trace Separate Property. Failure to produce adequate records may result in the asset being deemed Marital Property, subject to equitable adjustment under Applicable Law.
5. SPOUSAL SUPPORT; WAIVERS & LIMITATIONS
5.1 Limited Waiver. To the maximum extent permitted by Applicable Law, each Party hereby waives any right to receive Spousal Support from the other, except as expressly provided in Section 5.2.
5.2 Agreed Support Provision. In the event of Marriage dissolution after [X] years, Party [] shall pay to Party [] Spousal Support in the amount of [$____] per [month/year] for [__] years, subject to statutory modification standards.
5.3 Invalidation. If a court of competent jurisdiction refuses to enforce the waiver in Section 5.1, the Parties intend the court to enforce Section 5.2 as the Parties’ agreed measure of Spousal Support.
[// GUIDANCE: Massachusetts courts scrutinize alimony waivers for fairness at execution and enforcement. Counsel should assess Section 5 carefully.]
6. DEBTS & LIABILITIES
6.1 Pre-Marital Debts. Each Party shall be solely responsible for any debts, guaranties, or liabilities incurred prior to the Marriage, including those listed on their respective Schedules.
6.2 Marital Debts. Debts incurred jointly during the Marriage shall be allocated in proportion to each Party’s contribution or as otherwise agreed in writing.
6.3 Indemnity. Subject to Section 11, each Party agrees to indemnify, defend, and hold harmless the other from liabilities arising from his or her Separate Property or pre-marital debts.
7. ESTATE PLANNING & DEATH BENEFITS
7.1 Waiver of Elective Share. Each Party, to the fullest extent allowed by Applicable Law, waives any statutory elective or forced share rights in the estate of the other.
7.2 Testamentary Instruments. Within [___] days after the Marriage, each Party shall execute estate-planning documents consistent with this Agreement. Failure to do so shall not impair the waivers herein but may give rise to equitable remedies under Section 10.
7.3 Life Insurance. [Optional] Each Party shall maintain life insurance in the minimum face amount of [$____], designating the other Party as [primary/secondary] beneficiary, until the earlier of (a) dissolution of the Marriage, or (b) written waiver.
8. REPRESENTATIONS & WARRANTIES
Each Party represents and warrants as of the Effective Date that:
8.1 Capacity. He or she is of legal age, sound mind, and not subject to any impairment affecting capacity to contract.
8.2 Voluntariness. This Agreement is executed freely and voluntarily, without force, fraud, duress, or undue influence.
8.3 Counsel. He or she has been advised to retain, and has had the opportunity to retain, independent legal counsel of choice, and either (a) is represented by such counsel, identified below, or (b) voluntarily waives such representation.
8.4 Full Disclosure. The financial statements attached as Schedules A or B are complete, accurate, and materially correct as of the Effective Date; there are no material omissions.
8.5 Fairness. The Agreement is fair and reasonable at the time of execution, considering the Parties’ respective circumstances.
8.6 No Conflict. Execution and performance of this Agreement do not violate any other agreement or court order binding upon the Party.
8.7 Survival. All representations and warranties survive execution and may be enforced under Section 10.
9. COVENANTS
9.1 Updates. Each Party shall update his or her Schedule upon acquiring or disposing of an asset with a net value exceeding [$____].
9.2 Cooperation. The Parties shall execute further instruments and take all reasonable actions necessary to effectuate the terms of this Agreement.
9.3 Notices. Any notice required under this Agreement must be in writing and delivered by certified mail, return receipt requested, overnight courier, or email with confirmed receipt to the Parties’ addresses set forth above (or as later updated in writing).
9.4 Cure Period. A Party alleged to be in breach shall have [30] days after receipt of written notice to cure before remedies under Section 10 may be invoked.
10. DEFAULT & REMEDIES
10.1 Events of Default. The following constitute defaults:
(a) Material misrepresentation in Schedules or in Section 8 representations;
(b) Willful failure to comply with an operative provision; or
(c) Attempted transfer or encumbrance contrary to this Agreement.
10.2 Remedies. Upon default and failure to cure, the non-defaulting Party may:
(a) Seek Specific Performance or injunctive relief;
(b) Obtain monetary damages, including consequential damages strictly limited by Section 11.2;
(c) Recover reasonable attorneys’ fees and costs; and
(d) Pursue any other remedy available at equity or law.
10.3 Equitable Adjustment. If strict enforcement would render the Agreement unconscionable at the time of enforcement, a court may equitably adjust terms consistent with the Parties’ intent.
11. RISK ALLOCATION
11.1 Mutual Indemnification. Subject to Section 11.2, each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from any loss, cost, or liability (including reasonable attorneys’ fees) arising out of:
(a) the Indemnifying Party’s Separate Property;
(b) pre-marital debts or obligations; or
(c) breach of this Agreement.
11.2 Liability Cap. Except in the case of fraud or willful misconduct, the aggregate liability of an Indemnifying Party under Section 11.1 shall not exceed the greater of:
(i) the value of the Indemnifying Party’s Separate Property as of the Effective Date; or
(ii) [$______].
11.3 Force Majeure. No Party shall be liable for failure or delay in performance resulting from causes beyond reasonable control, including act of God, war, pandemic, or governmental action, provided that such Party gives prompt notice and resumes performance as soon as practicable.
12. DISPUTE RESOLUTION
12.1 Governing Law. This Agreement shall be governed by and construed under the domestic relations laws of the Commonwealth of Massachusetts, without regard to conflicts-of-law principles.
12.2 Forum Selection. Subject to Section 12.3, the Probate and Family Court of [NAME OF COUNTY], Massachusetts, shall have exclusive jurisdiction over any proceeding relating to this Agreement, the Marriage, or the Parties’ property rights.
12.3 Limited Arbitration. The Parties may submit discrete issues of valuation, accounting, or interpretation (but not matters involving child support or custody) to binding arbitration under the Massachusetts Uniform Arbitration Act, by written submission mutually executed at the time of dispute.
12.4 Mediation. Prior to court action or arbitration, the Parties shall attempt in good faith to resolve disputes through mediation, unless waived in writing by both Parties.
12.5 Specific Performance. Each Party acknowledges that monetary damages may be inadequate and agrees that Specific Performance and injunctive relief shall be available notwithstanding Section 12.3.
[// GUIDANCE: Jury trials are unavailable in Massachusetts family courts; no jury-waiver clause is necessary.]
13. GENERAL PROVISIONS
13.1 Amendments & Waivers. No amendment or waiver is effective unless in a duly-executed writing expressly referencing this Section 13.1 and acknowledged before a notary public.
13.2 Assignment. Rights and obligations hereunder are personal and non-assignable, except as to successor estates upon death.
13.3 Successors & Assigns. This Agreement binds and inures to the benefit of the Parties’ respective heirs, executors, administrators, successors, and permitted assigns.
13.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall be given full force, and the invalid portion shall be reformed to the minimum extent necessary to comply with Applicable Law while effectuating the Parties’ intent.
13.5 Integration. This Agreement, including all Schedules, constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous oral or written understandings.
13.6 Counterparts & Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but all constitute one instrument. Signatures transmitted electronically (e.g., via PDF or approved e-signature platform) shall be deemed original and enforceable.
13.7 Headings. Section headings are for convenience only and do not affect interpretation.
13.8 Further Assurances. Each Party shall take further actions and execute additional documents reasonably necessary to carry out the purposes of this Agreement.
14. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
| Party | Signature | Printed Name | Date |
|---|---|---|---|
| Party A | ________ | ________ | ____ |
| Party B | ________ | ________ | ____ |
Legal Counsel Acknowledgment (Optional but Strongly Recommended)
- Attorney for Party A: ________ (Firm)
- Attorney for Party B: ________ (Firm)
Notary Acknowledgment (Massachusetts)
Commonwealth of Massachusetts
County of [__]
On this _ day of _, 20__, before me, the undersigned notary public, personally appeared [PARTY A NAME] and [PARTY B NAME], proved to me through satisfactory evidence of identification, and acknowledged that they executed this Prenuptial Agreement voluntarily for its stated purposes.
Notary Public
My Commission Expires: ____
[Duplicate acknowledgment for second Party if executed separately.]
15. SCHEDULES
• Schedule A – Party A Financial Disclosure (Assets, Liabilities, Income)
• Schedule B – Party B Financial Disclosure (Assets, Liabilities, Income)
• Schedule C – Designated Marital Property (if any)
[// GUIDANCE: Attach detailed balance sheets, account statements, appraisals, and supporting documents. Each Party should initial every page of his or her Schedule.]
END OF DOCUMENT