Maine Prenuptial Agreement Form

Even an outstandingly stable relationship can come to an end, leaving either partner devastated and with plenty of assets-related issues to solve. Nowadays, more and more couples opt to sign the Maine Prenuptial Agreement Form to save themselves from getting into a series of unwanted yet very possible post-marital troubles. In this article, we will tell you more about this particular legal form and its advantages.

If spouses-to-be decide to sign such an agreement, it does not automatically mean a lack of trust between them. With this paper, the parties can add an extra layer of protection to their marital relations if any unpredictable circumstances (like divorce) occur. We suggest using our latest soft-building software to get the correct version of this document.

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Maine Prenup Laws and Requirements

Title 19-A of the State Code regulates different domestic relations matters. It also provides a detailed description of what the Maine Prenuptial Agreement form should look like and the information it should contain. It is highly advisable to consult a legal professional before you sign a premarital agreement.

Signing Requirements

Unlike some other US states, the agreement does not have to be witnessed or notarized in Maine. The most critical detail is creating a written document. According to Section 603 of the local Code, once two persons intending to enter a legal marriage have appended their signatures underneath the agreement’s provisions, the form is considered legally binding.

Enforceability

As it appears from its name, the Maine Prenuptial Agreement Form is created before getting the marriage commencement. However, the document will only gain validity after the spouses have officially legitimized their relationship. This rule is established in Section 605.

Section 606 of the State Code states that the contract is automatically terminated 18 months after the parties have become parents or guardians of a child. However, the spouses may choose to make amendments or alter their contract not to make their Premarital Agreement void.

Court Refusal

According to Section 608, the court will not consider the following types of agreements valid:

  • Signed under pressure
  • Unconscionable and severely unfair
  • Lacking important personal property data of one of the parties.

The courts evaluate unconscionability. The local judges have specific legal procedures to evaluate such cases. You may look at the local precedents to see the parameters that the authorities usually take into account.

What Prenups Can Cover

This type of agreement is dedicated to various monetary matters, such as:

  • Whether the property you have obtained before marriage should be considered marital
  • Sharing and running a business
  • Inheritance of children from previous marriages
  • Dealing with debts and loans
  • One of the spouse’s death
  • Alimony issues
  • Other related matters.

In Maine, you are not allowed to include joint children issues in the paper. The court will make children-related decisions during the parents’ separation process (if that eventually occurs) to provide the family with the most equitable living conditions.

Property Type

The State Code does not provide any specific information on the property type distinction when compiling a prenuptial agreement in Maine, meaning that each case is reviewed by the court individually. However, we strongly advise you to pay attention to court precedents that took place in the state.

seal of maine state

Other Maine Forms

Try our document maker to customize any template offered on our website to your preferences. Here’s a range of some other popular Maine documents we provide.

Published: Feb 25, 2021