In order for a prenuptial agreement, drafted in Boston or other parts of Massachusetts, to be valid, it must meet the following:
- The future husband and wife must have had separate attorneys to represent them
- The parties must have made a full disclosure of their assets, debts and income
- The Agreement must contain a discussion of the section 34 factors used in divorce
In addition to the above requirements, the prenup should be drafted and signed at least 6-months prior to the date of marriage. Although this is not a requirement, it should be followed.