Nearly 20 years ago, in the Fogg case, the SJC “left to another day” the question of whether postnuptial agreements were valid in Massachusetts. Well, that day has come. In a recent case, the SJC finally resolved the long-deferred question by approving such agreements so long as certain requirements were met. Among such requirements, according to the SJC, the court must find that the agreement was fair and reasonable at the time of signing as well as at the time of enforcement. In permitting such agreements, Massachusetts appears to be in line with the majority of states.
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