Postnuptial

Postnups OK’d in Massachusetts (or “the Fogg has Lifted”).  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.  The SJC has finally resolved the long-deferred question by approving such agreements so long as certain requirements are 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.  Ansin v. Craven-Ansin, 457 Mass. 283 (July 16, 2010)