Free Massachusetts Prenuptial Agreement Template

A Massachusetts prenuptial agreement is a written contract, signed before marriage, that sets how each partner will hold property after the wedding. Chapter 209 of the General Laws calls these antenuptial settlements and sets their form and recording rules.

Sections 25 and 26 of chapter 209 do most of the work.

A Written Contract Before Marriage

Under § 25, the partners may make a written contract at any time before the wedding. It can cover any real or personal property, or rights of action, either partner holds at marriage. The contract then says which spouse will keep or receive each item.

Beyond ownership, it may also create a life estate or other lawful limits. Those limits take effect at the marriage, just as if a deed had conveyed the property.

Separate Property Is the Starting Point

Under § 1, each person’s real and personal property stays their separate property after marriage. A married person can manage and dispose of it as if unmarried.

A Property Schedule Is Required

Section 26 requires a schedule of the affected property attached to the contract. The description must be clear enough for a creditor of either spouse to tell that property apart from other assets.

Yes. Section 26 requires you to record the contract and schedule at a registry of deeds. Do it before the marriage or within 90 days after.

The statute picks the registry based on residence. Its wording points first to the county or district where the husband lives at the time of recording. If he isn’t a Massachusetts resident, it points to where the wife lives or last lived. You must also record it wherever land it covers is located.

The deadline matters. An unrecorded contract is void except between the partners, their heirs, and their personal representatives. Couples for whom the statute’s husband-and-wife wording doesn’t map neatly should ask the registry how it applies.

1. Prepare a detailed property schedule. Describe each asset clearly enough to identify it.
2. Put the contract in writing. Attach the schedule to the signed agreement.
3. Sign before the wedding. Section 25 applies to contracts made before marriage.
4. Record at the right registry of deeds. Do it before the wedding or within 90 days after.
5. Record where your land sits. Add every registry district that covers real estate in the agreement.

A Massachusetts prenuptial agreement usually contains:

• An attached property schedule for each partner
• Which property remains or becomes each spouse’s
• Any life estate or other limits on that property
• Rights of action either partner holds at marriage
• Both partners’ signatures
• Recording details for each registry of deeds