If you’ve fallen in love under the fiery leaves of a Massachusetts autumn, shared dreams over oysters in the North End, or built a life together on Cape Cod’s windswept shores, chances are you already know that love here feels timeless. The important aspects of life that you want to last forever, especially a marriage, work best when you and your partner are on the same page from the beginning. Enter the prenuptial agreement. Prenups (aka “antenuptial agreements”) are an increasingly popular tool for couples who want to protect not just their assets, but their relationship from future misunderstandings. Whether you’re planning a wedding in Boston, Pittsfield, or somewhere in between, understanding what a prenup costs in Massachusetts can help you start your marriage with clarity and confidence. How much does a prenup cost in Massachusetts? And, do I really need one? Keep reading to find the answers to your questions and to learn more about why a prenup might be right for you.
What exactly is a prenup?
So, what exactly is a prenup? At its core, a prenuptial agreement is a legally binding contract between two people who are planning to get married. It outlines how assets, debts, income, and even future inheritances will be handled in the event of divorce, or sometimes, death. A prenup isn’t about preparing for the end of your marriage before it’s even begun. It’s about being proactive and transparent while taking steps to protect each other’s futures. For many couples, it’s an act of love and respect acknowledging that while you can’t predict the future, you can make it less messy if things don’t go as planned. Prenups open the door to conversations about money, career plans, and long-term goals. These are conversations every couple should have before merging their lives, with or without a prenup.
Do I even need a prenup?
To better answer the question of whether you need a prenup, you should consider the state in which you’re getting married. In a Massachusetts divorce, courts distribute property under the doctrine of equitable distribution. This means that a judge will divide a couple’s marital property in a way that he or she views as just and fair, not necessarily equal. Having a prenup in place which outlines exactly how you and your partner wish to divide your property in a divorce will let you be the author of your own destiny. You and your partner can make important choices about who gets what instead of an unknown judge in the future. It’s probably safe to say that you’d like to be in charge of your finances, correct? Well, a prenup is a clear and effective way to make sure you’re in the driver’s seat should your marriage end in the future.
How much will I spend on a prenup in Massachusetts?
On average, in 2025, Massachusetts couples pay between $2,000 to $2,500 to have an attorney draft a basic prenuptial agreement. Keep in mind, this is for a simple prenup without complex assets and provisions. Massachusetts attorneys typically charge a flat fee for full prenup drafting. This is higher than the national average but in line with Boston’s higher cost of living. If you’re updating or just reviewing an existing prenup, expect to spend somewhere around $530-$600. Zoom out, and those numbers align with national trends. Most couples spend between $2,500 to $10,000 for complete prenup services. According to a HelloPrenup survey of family law attorneys across the country, the national average for a prenup for both parties is approximately $8,000. But local nuances come into play with prenup pricing.
What are the requirements for a valid prenup?
In Massachusetts, the enforceability of a prenuptial agreement (also called an “antenuptial agreement”) is governed not by a single specific statute, but by case law. The key standards were established in the Massachusetts Supreme Judicial Court 2002 case DeMatteo v. DeMatteo and further clarified in other cases such as the 2010 case Ansin v. Craven-Ansin. Here’s what the courts require for a prenup to be valid and enforceable in Massachusetts:
- In writing
- Voluntarily signed by both parties
- Full and fair financial disclosure
- Terms must be fair and reasonable at the time of execution and at the time of enforcement
- Independent legal representation strongly encouraged
- Signed before marriage
In the prenup, each party must provide a full and truthful disclosure of their assets, liabilities, and income before signing. This doesn’t necessarily mean an exact dollar-for-dollar accounting, but the disclosure must be detailed enough so that both parties can make informed decisions. Additionally, the terms of the agreement must have been fair when it was signed, and the signatures must have been voluntary. This doesn’t mean that the terms must be equal. It means that both parties must have had the opportunity to understand the agreement and voluntarily accept its terms without pressure, coercion, or deception. The requirement that the terms are also fair at the time a prenup is enforced, is unique to Massachusetts and a few other states. Massachusetts is one of the few states that applies a “second look” doctrine. This means that even if a prenup was fair when signed, the court will assess whether enforcing it at the time of divorce would still be fair. If the agreement leaves one spouse without “sufficient property, maintenance, or appropriate employment,” a court may decline to enforce it (DeMatteo v. DeMatteo (2002)).
And, while not strictly required, having both parties represented by independent counsel greatly increases the chances that the prenup will be enforced. Courts look more favorably on agreements where both sides had legal advice. The last requirement for a valid prenup in Massachusetts is right there in the name of a document. A prenup must be signed before the wedding (pre nuptials). Courts may scrutinize timing to ensure neither party was under duress. So make sure that you leave plenty of time for you and your fiancé to fully read and understand the consequences of signing the prenup. Presenting your fiancé with the prenup at least three to six months prior to the wedding is recommended.
What drives the price up or down
As discussed above, Massachusetts courts expect prenups to be “fair and reasonable” at signing and at divorce. This means large asset portfolios, businesses, debts, inheritance, or lifestyle clauses require careful drafting and full disclosure, which takes both time and legal insight. Examples of complex assets and drafting considerations that could increase prenup legal fees include business ownership, rental properties, retirement or stock options, drafting support clauses (i.e. alimony, spousal support), significant wealth disparities, child inheritance plans, and specific “lifestyle” terms (i.e. who pays for kid’s college). On the flip side, a straightforward agreement can be significantly cheaper. An example of a simple prenup would be where you each list the assets and debts you have coming into marriage and state that everything stays separate property. In fact, some local attorneys may offer flat-rate drafting around $1,000–1,200, especially if terms are clear and uncomplicated.
Smart ways to save
You’re in the middle of planning a wedding and researching the costs of a prenup. You would probably like to save money where you can at the moment! There are a few ways where you can try and save when it comes to prenups. Try to find a reputable attorney who uses flat fees instead of hourly rates, especially if you predict your prenup might be a bit complicated. Flat rates give predictability and discourage overbilling. Big firms in Boston often offer them.
Share documentation early with your partner and with your attorneys. Attorneys will bill for time spent chasing clients for their financial disclosures. And by sharing your financial information with your partner, you two can get a grasp on your individual finances and sort out any issues before you’re on the clock with a lawyer. Disclosing assets upfront can prevent surprise delays that eat up billable hours. This transparency and willingness to be upfront early on will help build trust in your relationship through the prenup drafting process.
Another way to keep the costs down in prenup drafting is to skip overly complex lifestyle clauses. They add time, cost, and may reduce enforceability. A final and safest way to save money in your prenup process is through using highly regarded, online prenup services like HelloPrenup. Through HelloPrenup, you will receive a personalized, expertly drafted prenuptial agreement that abides by Massachusett’s state laws for a flat fee of $599, plus $699 to add on the services of a prenup lawyer licensed in Massachusetts.
Final thoughts on prenup pricing in Massachusetts
A thoughtfully drafted agreement can cost anywhere from $1,000 to $5,000, with high-net-worth cases reaching up to $10,000+. This might feel like a big expense, but consider what you’re investing in. You’re paying for more than a sheet of paper. A prenup provides transparency in your relationship, it reduces stress throughout the marriage, and it could save you from extraordinary financial losses in the future. Massachusetts judges have wide discretion in marriage dissolutions. Absent a prenup, the standard is equitable division of marital assets. That could include property, future income, and even inheritances.
Originally from Connecticut, over a decade in Texas, and now a Massachusetts resident. Licensed in both Texas and Massachusetts.
My practice focuses primarily on family law and probate law.
I love that pre-nups can help avoid lengthy, costly, and high conflict disputes later down the road.
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