PrenupByState

Two-Look Rule

The doctrine in some states (notably Massachusetts and Ohio) requiring that a prenup be fair both at signing AND at the time of enforcement.

Under the two-look rule, a prenup that was reasonable when signed can still be unenforceable years later if changed circumstances have made it unconscionable. The doctrine protects spouses against locking in a one-sided deal that becomes catastrophic over time (e.g., one spouse gives up a career to care for children, then is left with nothing at divorce 25 years later).

States applying versions of two-look: Massachusetts (DeMatteo v. DeMatteo), Ohio (Gross v. Gross), Georgia (Scherer v. Scherer third prong). Most UPAA states test only at signing. For high-asset couples in two-look states, sunset clauses and built-in fairness mechanisms are common drafting responses.

Related terms

  • Unconscionability — A judicial doctrine that allows courts to refuse to enforce contracts that are shockingly unfair. The second pillar (with voluntariness) of prenup invalidation.
  • Sunset Clause — A provision that causes the prenup to expire automatically after a specified number of years of marriage, returning the parties to default state law.

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