Free Massachusetts Postnuptial Agreement Template

A Massachusetts postnuptial agreement is a written contract spouses sign during the marriage about property and support if they divorce. No statute governs these agreements. Instead, the Supreme Judicial Court set the test for enforcing them.

Postnups Can Be Enforced

In Ansin v. Craven-Ansin (2010), the Supreme Judicial Court held that courts may enforce postnuptial agreements. The Trial Court Law Libraries list that case in their official guide to Massachusetts divorce law.

The Five-Part Test

Specifically, that guide says a judge should determine, at a minimum, whether:

1. Each party had an opportunity to obtain separate legal counsel of their own choosing.
2. There was fraud or coercion in obtaining the agreement.
3. Both parties fully disclosed all assets before signing.
4. 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 divorce.
5. The terms were fair and reasonable when signed and at the time of divorce.

Meeting all five parts of the Ansin test, together. In other words, the court looks at how the agreement was made, what each spouse knew, and whether the terms were fair at two different times.

However, two of those parts shape the drafting directly. First, the waiver must be knowing, explicit, and in writing. Also, the court judges fairness again at divorce. So a Massachusetts postnuptial agreement should hold up as circumstances change, not just on the day you sign.

Plan a Massachusetts postnuptial agreement around the five-part test:

1. Give each spouse time to hire their own lawyer, of their own choosing.
2. Disclose every asset. Both spouses list all assets before either one signs.
3. Keep the process free of pressure, with no threats or deadlines forced on either spouse.
4. Write any waiver explicitly. If a spouse is giving up rights on divorce, say so knowingly and plainly in writing.
5. Test the terms for fairness now and later. Consider how they’d look after years of change.
6. Sign and date the final agreement, and keep the disclosure schedules with it.

A complete agreement built around the Ansin test covers:

• Disclosure schedules — every asset each spouse holds
• Counsel acknowledgment — that each spouse had the chance to hire a lawyer
• Explicit waiver — the rights on divorce each spouse gives up, in plain words
• Property and support terms — what happens to assets and support
• Execution page — each spouse’s dated signature