5 Key Things to Include in a Prenuptial Agreement

At New England Law Group, we help couples draft strong, enforceable prenuptial agreements that provide peace of mind and legal clarity. Whether you’re marrying for the first time or entering a new chapter with significant assets, a well-crafted prenup is all about planning wisely — not pessimistically.

But what should actually go in your prenup? Here are five essential elements every prenuptial agreement should include:

1. Clear Identification of Separate Property

This is one of the main reasons people create a prenup — to protect assets they owned before marriage. That might include:

• Real estate
• Investment accounts
• Retirement savings
• Family heirlooms
• A business or professional practice

Your prenup should spell out what property will remain yours, and what (if anything) will be shared if the marriage ends. This helps avoid disputes and confusion later.

2. How Marital Property Will Be Divided

Massachusetts law generally requires an “equitable distribution” of marital property in a divorce — which doesn’t always mean 50/50. A prenup can define in advance how property acquired during the marriage will be divided.

This is especially helpful if:

• One spouse earns significantly more
• One person plans to stay home to care for children
• There are complex assets like real estate, a business, or a trust

3. Debt Allocation

Prenups can also protect you from becoming legally responsible for your spouse’s debt. This is a big one — especially if one partner is bringing student loans, business liabilities, or credit card debt into the marriage.

You can specify that each party remains responsible for their own pre-marital debts, or clarify how shared debt will be handled if the marriage ends.

4. Spousal Support/Alimony Terms

Your prenup can include terms about alimony — whether it will be waived entirely, capped at a certain amount, or structured in a specific way.

However, Massachusetts courts won’t enforce spousal support provisions that are “unconscionable” at the time of divorce, so it’s important to keep them fair and realistic. We’ll help you draft language that protects you — and holds up if challenged.

5. Sunset Clauses or Review Dates

You can include a “sunset clause” that automatically ends the agreement after a certain number of years, or include a provision that the prenup will be reviewed or renegotiated at a specific time. This can be helpful for couples who want protection early on but are open to revisiting terms after their financial lives become more intertwined.

Need Help Creating a Prenup in Massachusetts?

At New England Law Group, we draft custom, thoughtful agreements that reflect your values and protect your future. We’ll guide you through every step of the process — from disclosure to signing — and make sure the agreement is fair, enforceable, and tailored to your life.

Thinking about a prenup? Contact us today for a confidential consultation. You can easily set up a call or a zoom for a FREE consultation with an Attorney. You bring the love — we’ll bring the legal clarity.