Premier Legal Advocates For Your Family

What makes a prenuptial agreement invalid in Massachusetts?

On Behalf of | Oct 14, 2024 | Divorce |

In Massachusetts, prenuptial agreements generally hold up in court. However, when a divorce happens, the court can check the agreement’s fairness.

This provides the opportunity for a spouse to challenge the validity of the document and to request a different split in assets. Any of the following factors can render a prenup invalid.

Lack of voluntary consent

One of the primary reasons a prenuptial agreement may become invalid in Massachusetts is if one party didn’t sign it voluntarily. This situation could occur if the couple presents the agreement too close to the wedding date. Doing so could put pressure on one party to sign.

For instance, if one partner presents a prenup just days before the wedding, a court might view this as a form of duress. This is because one party may feel unable to back out of the marriage at that point.

Likewise, consent is not voluntary if one party coerces or threatens the other into signing. Neither can the prenup involve fraud or misrepresentation during its creation.

Unfairness and unconscionability

Massachusetts courts also look at the fairness of the agreement. A prenup may not hold up if it remains extremely one-sided, leaving one spouse with little to no assets. Another invalidating factor is if either party failed to fully disclose their financial situation when creating the agreement. 

Even a dramatic change in circumstances after signing could make enforcement unconscionable in the eyes of the court. For example, if enforcing the prenup would leave one spouse unable to support themselves due to unforeseen circumstances during the marriage, a court might find the agreement unconscionable and therefore invalid.

Other factors that can invalidate a prenup

Several other issues can also lead to a prenup getting thrown out in Massachusetts, such as:

  • The couple doesn’t put the agreement in writing or fails to sign it properly.
  • The agreement contains illegal provisions, such as attempts to limit child support.
  • One or both parties lack the opportunity to review the agreement or seek independent advice before signing.

These errors highlight the importance of carefully drafting a prenup that adheres to the law. 

By understanding these factors, couples can work together to create fair, enforceable prenuptial agreements that stand up to scrutiny in Massachusetts courts. Additionally, knowing what makes a prenup invalid enables a person to effectively challenge or defend the document when necessary.