If you’re in search of a free Massachusetts prenuptial agreement form to use for your prenup, we’re here to tell you about some of the issues that may come along with it. Massachusetts has various laws in place regarding prenups, covering how they should be crafted, what can be included, and what makes them legally binding. Free Massachusetts prenuptial agreement forms may not consider all of these laws. Even if they do, you might not fully grasp the law and may not know how to properly execute it. Below, we’ll discuss five main issues with free Massachusetts prenuptial agreement forms, so stick around to learn more!
Issue #1: Free MA prenup forms typically lack guidance on proper execution
When you download a free prenup form or template online, these websites typically do not offer a step-by-step guideline on how to properly execute the prenup in your state. Different states have different rules on how prenups should be executed. Some states require witnesses, others require notarization, and some have a waiting period between the final draft and signing.
Issue #2: Free MA prenup forms may include unconscionable clauses
A free MA prenup form may include terms that are unconscionable and unenforceable. If the free prenup form was not drafted by a MA attorney, it runs the risk of including terms against public policy. For example, you cannot include terms about child support or child custody in Massachusetts, as it is considered against public policy to pre-determine your child’s fate in a prenup. Unless you’re a Massachusetts prenup lawyer, deciphering what clauses are unconscionable can be challenging. So, long story short, if you aren’t sure which terms are unconscionable, signing a prenup with such terms poses a significant risk of having the prenup deemed unenforceable.
Issue #3: Free MA prenup forms aren’t customized
A form is merely a template designed for the masses and (usually) doesn’t account for your unique needs. It would be very lucky of you to stumble upon a standard prenup form that fits your needs EXACTLY. If that is the case, we recommend you go buy a lottery ticket because it’s your lucky day. Prenup forms online that you can download for free are typically a one-size-fits-all agreement, meaning it doesn’t take into consideration what you actually need. For instance, many free online prenups may automatically waive alimony, which can be risky for many people, especially those who rely on their partner, such as stay-at-home parents. Or the free form might state joint bank account requirements when that’s not what you want. Bottom line– Prenup forms are not tailored to you and your partner!
Issue #4: MA second look test for prenups
There is a unique rule in Massachusetts that allows a court to invalidate a prenup based on something known as “the second look test.” This basically says that the court will “take a second look” at the prenup and the circumstances of the case at the time of the divorce. There are several situations that could result in a prenup failing the second look test (resulting in an unenforceable agreement). These may include:
- Mental or physical health deterioration of the person asking the prenup to be thrown out,
- Inflation, or
- Leaving one spouse without sufficient support
When utilizing a free MA prenuptial agreement form, it may not take into consideration this second look test, creating an agreement that would be likely to fail this test, leaving you without a prenup at all.
Issue #5: You may not understand what you are signing
When downloading something from the internet, it’s crucial to carefully read through the terms of the agreement. Remember folks, this may become a legally binding agreement, and not understanding the terms can lead to unexpected legal complications in the future. Even if not enforced, if you or your partner don’t understand the terms, it could lead to miscommunications in the marriage (one party knows that you agreed to X, but the other party didn’t understand what they were signing).
The bottom line is that free MA prenup forms are risky
Using a free Massachusetts prenuptial agreement form poses significant risks. These forms often lack comprehensive guidance on proper execution, may include unconscionable clauses, aren’t tailored to your needs, may not follow Massachusetts’ second look test, and you may not fully understand the legal terms. Considering these issues, you may want to explore more reliable online options, such as HelloPrenup, which provides state-compliant prenups, offers the option to purchase legal services from licensed MA attorneys, and offers legal resources to leave you feeling secure and confident in your agreement.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: [email protected]
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