Revocation of Premarital or Prenuptial Agreement - Massachusetts 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the date at the top of the form where indicated. This is essential for establishing the timeline of your agreement.
  3. Fill in the names of both parties, labeled as 'Wife' and 'Husband'. Ensure that these names match those on the original premarital agreement.
  4. In the section regarding the original premarital agreement, specify the date it was executed. This provides context for your revocation.
  5. Review each clause carefully, particularly those outlining mutual agreements and legal implications. Make any necessary adjustments directly in the editor.
  6. Both parties must sign at the bottom of the document. You can easily add signature fields using our platform’s tools.
  7. Finally, ensure that a notary public witnesses your signatures as required by Massachusetts law. You can add a notary section if needed.

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Getting married does not automatically void, invalidate, or revoke your current will. Your will is still considered valid after you get married. Although your current will is valid and it does not provide for your spouse, your spouse still has rights to your assets at your death.
This means that, unlike many other states, Massachusetts does not automatically exclude pre-marital assets from the divisible marital estate. Property acquired before marriage can be ordered transferred to the other spouse upon divorce, even without a finding of contribution by the receiving spouse.
If you signed a prenuptial agreement before marriage and wish to make a change, it is possible to revoke or modify your agreement even if you and your spouse are married.
Marriage and Wills Under the MUPC, marriage does not automatically revoke an existing will. If a person marries after executing a will, their new spouse is entitled to a modified intestate share of the testators estate, as detailed in M.G.L. 190B, 2-301.
Massachusetts courts employ a two-look test when determining the enforceability of prenuptial agreements. In order to pass muster, the prenup must be fair and reasonable when executed and remain fair and reasonable at the time of divorce.
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In most, if not every, state, the marriage does not invalidate the existing will. His existing will is still valid. In most states, a surviving spouse has rights to elect against a will, meaning that if he dies with that will in place, you would have some rights to his estate even though you arent in the will.

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