This is a 33-page Microsoft Word .docx template with sample provisions for multiple situations. All of these provisions may be modified to fit the unique circumstances of any particular family. We have included instructions throughout the template to assist with completing it.
Upon purchasing you will have access to two versions. The primary version has fillable form fields that assist in completing the template. This version works best with the most current version of Microsoft Word. The “simple version” requires manual updates throughout the template, but works better on slower computers and older versions of Microsoft Word.
This Agreement is intended for resolution of all issues related to a prenuptial agreement in Massachusetts, including dealing with property rights in the event of a divorce or as part of estate planning, and any support related rights. While most people think of prenups as divorce planning, the estate planning portion can often be more important, especially for second families. This template provides a base document to add unique provisions to and examples of vesting schedules to tailor for your individual case.
DISCLAIMER: If you want the prenup to be enforceable in Massachusetts you should follow the requirements outlined in Austin v. Austin, 445 mass. 601 (2005), Rosenberg v. Lipnick, 377 mass. 666 (1979), and Osborne v. Osborne, 436 mass. 18 (1981) with a minimum of the following:
- Each party has their own attorney,
- Fair disclosure of both parties’ income, assets, and debts,
- “fair and reasonable” provisions,
- Clear waivers outlined in the agreement,
- No fraud or coercion,
- Asset/income schedules are included in the agreement, and
- Agreement is drafted & signed well in advance of the wedding.