Prenuptial Agreement Lawyer in Massachusetts

Complex Asset Protection for Engaged Couples Across Bristol, Plymouth & Norfolk Counties

When you’re engaged, protecting what you’ve built shouldn’t overshadow the engagement itself. A prenuptial agreement lets you address real financial concerns, whether that’s savings, a business, a home, or children from a prior relationship, without prolonged anxiety. These agreements are recognized in Massachusetts and are more common than most people assume, not only for the very wealthy.

At Law Offices of Rachel M. Matos, we work with individuals and couples who live or plan to marry in Massachusetts. Our family law practice regularly handles high-net-worth divorces and complex asset distribution across Bristol, Plymouth, and Norfolk counties, and that background shapes how we approach prenuptial agreement work from the first consultation.

To schedule a consultation with our Massachusetts prenuptial agreement lawyer, call (508) 206-9334.

What Sets Our Prenuptial Agreement Practice Apart

Drafting a prenuptial agreement is easier when the attorney doing it has spent time on the other side of the process, arguing about what an agreement failed to cover. Our experience litigating high-net-worth divorces across Massachusetts gives us a clear view of which asset categories generate the most conflict at separation: closely held businesses, retirement accounts accumulated before marriage, real property with mixed contributions, and investment portfolios with intertwined ownership histories.

We communicate directly. You’ll receive realistic guidance on what Massachusetts law allows, a clear explanation of your options, and a process designed to avoid the last-minute pressure that can weaken agreements and damage enforceability. We start early and stay organized so the agreement reflects careful planning rather than a rushed signature.

When finances are especially complicated, we can coordinate with forensic accountants or investigators to help ensure the financial information used to shape your agreement is complete and accurate. That access to financial professionals is part of how we serve clients whose situations go beyond a standard asset checklist.

Massachusetts Prenuptial Agreement Law: The Two-Look Test

Massachusetts hasn’t adopted the Uniform Premarital Agreement Act. Enforceability in the Commonwealth rests on common law and appellate court precedent, which makes careful drafting especially important. Courts apply what is known as the two-look test when a prenuptial agreement is contested in a divorce proceeding.

The First Look: Fairness at Signing

The first look examines whether the agreement was fair and reasonable at the time of signing. Courts consider whether both parties made full financial disclosure and whether either party was pressured into signing without adequate time or opportunity to consult independent counsel.

The Second Look: Fairness at Divorce

The second look examines whether enforcing the agreement at the time of divorce would leave one spouse without sufficient property, maintenance, or appropriate employment to support themselves. An agreement that was reasonable at signing can still face challenges if circumstances have changed dramatically.

What a Prenuptial Agreement Cannot Do

A few boundaries are firm regardless of how well an agreement is drafted. A prenuptial agreement can’t waive or eliminate child support, and provisions seeking to control child custody decisions are unlikely to be treated as controlling; Massachusetts courts decide custody based on the best interests of the child. Agreements offer strong protection for premarital assets and, in most circumstances, for alimony waivers. Provisions covering assets acquired during the marriage are examined more closely by courts.

Our Prenuptial Agreement Process

The best practice is to begin as early as possible. A carefully drafted agreement takes more time than most people anticipate, and starting at least several months before the wedding reduces pressure on both parties and can strengthen enforceability.

We begin with an initial consultation covering your goals, assets and debts, any prior marriages or children, and your wedding timeline. After that meeting, we move into information gathering and financial disclosure: real estate, bank and investment accounts, retirement assets, business interests, and significant debts, organized into a clear picture of each party’s financial position.

Each party having independent counsel matters for enforceability and is best practice under Massachusetts law; one attorney can’t represent both parties. Once we have what we need, we prepare a draft agreement that reflects your objectives, then facilitate review, questions, requested changes, and negotiation with your partner and their attorney. We aim to keep discussions respectful and focused on practical solutions.

Closely Held Businesses, Inheritances & Complex Family Situations

Clients come to us with a range of asset questions. Closely held businesses and professional practices are common concerns, as are rental properties, stock options, investment portfolios, and anticipated inheritances. For each category, we work through how ownership will be defined, how growth during the marriage will be treated, and how contributions of effort or funds that increase an asset’s value over time can be addressed.

Prenuptial agreements can protect premarital business interests and, in many cases, anticipated inheritances, though provisions covering assets received during the marriage carry somewhat more legal uncertainty under Massachusetts common law. Understanding that distinction early shapes how we draft the agreement and how we advise on asset planning more broadly.

For clients with children from prior relationships, or those who want to preserve certain assets for family members, we work through how those goals interact with Massachusetts law on property division and spousal support. When questions arise about asset values or potentially undisclosed accounts, we can draw on our network of financial professionals to clarify the picture and help ensure the agreement rests on accurate information.

Frequently Asked Questions

When Should We Start a Prenuptial Agreement?

Start as early as you reasonably can. Extra time lets both parties review drafts carefully with their own attorneys, gather financial information without pressure, and address questions calmly. Agreements signed close to the wedding date can face additional scrutiny over whether signing was truly voluntary.

Will a Prenup in Massachusetts Be Enforced?

A properly prepared agreement may be enforced if it satisfies the two-look test: fair and reasonable at signing, and fair and reasonable at the time of divorce. Courts look at the quality of financial disclosure, whether both parties had independent counsel, and whether circumstances have changed enough to make enforcement inequitable.

Do Both of Us Need Our Own Lawyer?

Yes. Independent advice for each party is best practice under Massachusetts law, and one attorney can’t represent both sides. Courts consider whether each person had a real opportunity to consult counsel when evaluating enforceability. We can help connect your partner with referrals if they don’t yet have representation.

How Can a Prenup Protect My Business?

A prenuptial agreement can address ownership, income generated during the marriage, and how any increase in business value will be treated if the marriage ends. We discuss the nature of your business interest, how much your efforts or your spouse’s contributions might factor in over time, and structure terms accordingly.

What If Our Finances Change Significantly After the Wedding?

Your prenuptial agreement can address anticipated changes, though not every future scenario can be planned for. For major shifts, such as selling a business, receiving a large inheritance, or a significant change in either party’s income, a postnuptial agreement or additional planning documents may be appropriate. Speaking with an attorney when those changes occur is a sound approach.

Talk with Us About Your Prenuptial Agreement in Massachusetts

We draw on our experience in family law and complex asset matters to help you build a clear plan, keeping communication at the center of every step. Whether your situation is straightforward or involves significant property, a business interest, or family responsibilities across multiple relationships, we work to make the process as clear and manageable as possible.

To schedule a consultation with our Massachusetts prenuptial agreement attorney, call (508) 206-9334.