A prenuptial agreement is one of the most loving things a couple can do. Love is often associated with romance, the proposal, the wedding day, and promises spoken with certainty and hope. But love, in its truest form, shows up long before the wedding. It shows up in honesty, responsibility, and the willingness to have conversations that are not always easy. Few decisions reflect those qualities more clearly than choosing to enter into a prenuptial agreement.

What is a prenup?

A prenuptial agreement, commonly known as a prenup, is a legally binding contract entered into by a couple prior to marriage. It outlines how income, assets, and liabilities will be characterized and divided in the event of divorce or death. Specifically, a prenup identifies what property will remain separate, what may be considered marital, and how financial matters such as debt allocation and spousal support may be addressed. By doing so, a prenuptial agreement can override default state laws and provide clarity, predictability, and protection for both parties.

Who benefits from a prenup?

Everyone can benefit from a prenuptial agreement. A prenup provides a clear framework for the division of assets and liabilities and can significantly reduce conflict if a marriage ends. Many couples choose to enter into a prenup even when they have limited assets at the outset of marriage, as it promotes fairness, kindness, and efficiency in the event of divorce, often leading to a more amicable and expedited resolution.

Traditionally, prenuptial agreements were associated with situations in which one party had significantly greater wealth. Today, however, prenups are increasingly common among younger generations and are used by business owners, individuals with substantial student loan debt, parents with children from prior relationships, and couples who simply wish to protect their financial independence. Whether to enter into a prenuptial agreement is a deeply personal decision that should be made jointly by both partners.

What are prenup benefits in Massachusetts?

In Massachusetts, prenuptial agreements are recognized and carefully reviewed by the courts. Massachusetts is an “equitable distribution” state, meaning that marital property is divided fairly, though not necessarily equally, in the event of divorce. As a result, a well-drafted prenup can be a vital tool in protecting assets and ensuring that both parties’ intentions are honored.

The law governing prenuptial agreements mirrors the principles of healthy relationships: honesty, transparency, and fairness. Agreements must be entered into voluntarily, with full and fair disclosure of all assets and liabilities, and each party must have a meaningful opportunity to consult with independent legal counsel.

Importantly, Massachusetts courts have the authority to review the enforcement of a prenuptial agreement at the time of divorce. This provides a built-in safeguard to ensure that enforcement remains fair. If unforeseen life circumstances arise and enforcing the agreement would be unconscionably inequitable, the court may intervene.

Conclusion

Prenups are not a plan for divorce; they are a guide for intentions, fairness, and the future couples are building together. While once thought of as an unromantic gesture, the tone has shifted. They provide parties with a more measured and respectful path through separation, one that honors the relationship for what it was, shaped by love, rather than defined by how it may have ended. They help couples begin their marriage with honesty instead of avoidance, and with confidence instead of fear. They can encourage partners to talk openly about what matters while communication is strong and optimism is high. If life takes an unexpected turn, a prenup will protect individuals, not to assign blame or create conflict, but to offer structure and steadiness during divorce.

Choosing a prenup is not a sign of doubt, but a sign of intention, responsibility, and love, clearly and thoughtfully expressed. If you are considering a prenup or want to learn more about the process, contact Ariana Flessas at Ligris + Associates PC.

Posted In: Articles