MBA On Demand

The Anatomy of Enforceable Ante-Nuptial and Post-Nuptial Agreements

Since 1845, Massachusetts statutory law has recognized an individual’s right to contractually modify the rights that inure to them by marriage. Over the last three decades, the law has evolved to the point that ante-nuptial agreements now are in common usage as a means to hedge against the uncertainties of divorce litigation. Nevertheless, ante-nuptial and post-nuptial agreements are not akin to commercial contracts with respect to their enforcement in the trial court.       


The practitioner drafting an ante-nuptial agreement must possess a keen understanding of the applicable standard for its enforcement in the future. The panelists will teach the best practices necessary to prepare enforceable ante-nuptial agreements based on the current state of the law. Panelists will also discuss how to properly frame the enforcement issues and litigate them in the trial court. Finally, those in attendance will benefit from an insightful discussion regarding post-nuptial agreements and the state of their enforceability in Massachusetts. Attorney David H. Lee will have argued by the time of this program, in favor of the enforcement of a postnuptial agreement in Ansin v. Craven-Ansin, a case now pending before the Supreme Judicial Court that may finally determine the status of post-nuptial agreements in Massachusetts as vehicles for use by married couples in their life and financial planning. Topics include:


  • The “two-look test” and the anatomy of an enforceable ante-nuptial
  • Practical considerations for negotiating and drafting an enforceable, and
    durable ante-nuptial agreement;
  • Estate planning considerations for the disposition of property upon death;
    The ramifications of the recent Appeals Court case, Eyster v. Pechenik;
  • Framing and litigating the issues regarding the enforcement of an antenuptial
    agreement; and
  • Scanning the horizon for the advent of the enforceable post-nuptial
    agreement in light of the SJC case now pending, Ansin v. Craven-Ansin.

Michael I. Flores, Esq., program chair and moderator
Zisson and Veara, Dennis

Thomas J. Barbar, Esq.
Deutsch, Williams, Brooks, DeRensis & Holland PC, Boston

Matthew J. Bresette, Esq.
Nutter, McClennen & Fish LLP, Boston

David H. Lee, Esq.
Lee & Levine LLP, Boston

Peter F. Zupcofska, Esq.
Burns & Levinson LLP, Boston

Sponsoring Sections:

Family Law Section

Young Lawyers Division

Related Practice Areas: Arbitration/Mediation, Divorce Law, Domestic Violence Law, Family Law

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On Demand On Demand
Presentation Date: May 3, 2010
Runtime: 3:00.00
NOTE: This is an On Demand product.
With registration for this product you can conveniently watch an archived MBA program from the comfort of your home or office, at a time that suits your schedule. When you register, you will receive a permanent link to the program in addition to the program's ePublication. Your My Resources profile will also contain permanent links to both products if you wish you review the program's archived presentation. The archived version of this program will not be available until after the date of the on-site program.

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Click here to review On Demand system requirements and an On Demand product demonstration.
MBA Sponsoring Section$80.00
MBA Paralegals$40.00
MBA Law Student$40.00
MBA New Admittee$40.00
MBA Member$115.00

Related Products

ePublication: The Anatomy of Enforceable Ante-Nuptial
Publication: The Anatomy of Enforceable Ante-Nuptial
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