• The Fogg Clears: A Green Light from the SJC Allows Married Couples to Contract Via Post-Nuptial Agreement in Ansin v. Craven-Ansin
  • August 23, 2010
  • Law Firm: Verrill Dana LLP - Portland Office
  • On July 16, 2010, the Supreme Judicial Court unanimously upheld the enforceability of “postnuptial” or “marital” agreements, thereby planting Massachusetts alongside the vast majority of states which recognize a married couple’s freedom to use contracts to settle material matters while divorce is unanticipated. Answering the question left open in eighteen-year old dicta in Fogg v. Fogg, the SJC has kept consistent with its position to protect its citizens’ “freedom of personal choice in matters of marriage and life” when it noted that marriage “need not vitiate contractual rights between parties.” Prior to today’s ruling, couples getting married in Massachusetts had just two options to handle their assets: sign a prenuptial before their wedding day or wait until the marriage was six feet under and craft a separation agreement addressing property and child custody issues. With the addition of marital agreements to the others already in the quiver, the SJC has now given couples a trifecta of possible agreements to consider in settling their life and financial affairs.