A Maine prenuptial agreement is a contract between a couple planning to get married which states how properties and debts will be divided in case of divorce. You must understand many legal implications if you and your partner decide to execute a Maine prenuptial agreement. It is better to seek professional legal help, as attorneys can work on safeguarding your assets and interests.
Understanding the Basics of a Prenup
There are various conditions for a lawfully executed prenuptial agreement in Maine in jurisdictions that adhere to the Uniform Premarital Agreement Act, which is the case in most of them. Moreover, prenuptial agreements cannot be made orally and must be in writing.
The agreement must not be unconscionable and cannot be enforced if it leaves one party indigent or burdens that person excessively. Finally, the prenup must be notarized for both parties to have legitimately executed it in the way for a deed to be recorded.
The prenuptial requirements outlined above must not only be fulfilled when the agreement is signed but also maintained throughout the marriage for the contract to be enforceable in the event of a divorce.
For instance, a legitimate prenuptial agreement can stipulate that in the event of a divorce, one of the parties will receive the marital house. It could be subject to the other person paying the mortgage in full using their income. The prenuptial agreement may be invalid if the couple combines their earnings and uses that combined income pool to pay their mortgage.
A Prenuptial Agreement in Maine: An Overview
Maine passed the Uniform Premarital Agreement Act, approved by the National Conference of Commissioners on Uniform State Laws, to unify prenuptial agreement laws across the nation. It makes Maine's laws on the appropriate execution and implementation of a legally binding prenuptial agreement among the clearest in the country.
Prenuptial contracts safeguard parties entering marriages with disproportionate assets, but they also serve other purposes, as was already indicated. No matter the late spouse's genuine intentions, the law will determine what property goes to the surviving spouse without a prenuptial agreement and a valid will.
There are too many legal concerns to handle on their own, so anyone looking to form a prenuptial agreement should get legal guidance at every stage of the procedure. Federal laws that control matters that would appear to logically: suit the aims of the prenuptial agreement are in addition to procedural and substantive difficulties in forming the agreement.
Conclusion
The law forbids a prenuptial contract from negatively influencing access to child support. When one party files for divorce or when the other party passes away, the party who wants to annul the prenuptial agreement must demonstrate: by clear and persuasive evidence that the other party did not voluntarily sign the document.
Each party's assets, earnings, and other information that would affect their ability to determine whether the prenuptial agreement is reasonable must be fully disclosed- in the document. When negotiating a prenuptial agreement, both parties must have legal representation. And if you are seeking professional help, our experts at ContractsCounsel are always there to serve you and safeguard your financial interests.
See Prenuptial Agreement by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Meet some of our Maine Prenuptial Agreement Lawyers
Craig M.
I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.
Find the best lawyer for your project
Browse Lawyers NowMeet some of our other Prenuptial Agreement Lawyers
Howard B.
Berkson is a dedicated, practical, and detail-oriented attorney licensed to practice in every state court of Oklahoma and the United States Northern and Eastern District Courts. He graduated from the University of Tulsa College of Law with Honors. While there, he received awards for highest grade in trial practice, legal research, and civil procedure. He was also the Executive Notes and Comments Editor for the Energy Law Journal, the official journal of the Energy Bar Association in Washington, D.C. The Energy Law Journal is one of the few peer-reviewed journals in the legal profession. Prior to becoming an attorney, Howard Berkson held executive positions involving a wide range of business and human resources management functions. He has in-depth knowledge of both business and HR practices. During his business career, Berkson negotiated, wrote, red-lined, and disputed contracts. He has answered charges, handled inspections, and supervised audits involving numerous agencies including the Department of Labor, the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, and various state agencies. Berkson honed his analytical and writing skills while earning his Bachelor of Arts degree in Philosophy from the University of Washington. He went on to obtain a Master of Arts in Labor and Industrial Relations from the University of Illinois. Berkson’s work can be found in such publications as The Energy Law Journal, Human Resource Management Review and Personnel Psychology. He is a member of Phi Alpha Delta law fraternity and of Phi Kappa Phi honor society.
Gill D.
Erik has been a practicing attorney in Florida for over a decade. He specializes in employment and real estate contracts. He has represented clients big and small and can assist with any contract issue.
Christopher M.
I am a corporate attorney with several years of experience with contracts, corporate and business, government projects, and employment law.
Domonick G.
I am a licensed attorney who specializes in business law, personal injury and contracts.
April 18, 2024
Gayle G.
Gayle is an experienced International Corporate and Technology Transactions lawyer who "speaks geek" and began her career in Private Equity. She enjoys working with management to provide creative, efficient solutions to grow the company. She created her company, GGorvett Consulting, in Paris, France to serve the need of a client. She provides Fractional General Counsel and legal advisory services to growth stage and mid-cap companies seeking to expand. Specialties include: Complex contracts, Cross border negotiations, Technology transactions, Corporate Finance, Negotiations with strategic partners, governance/compliance (including privacy and AI), IP audits and International expansion. She is an active member of the Association of Corporate Counsel, the Georgia State Bar and French Tech.
July 29, 2022
Marc S.
Have been practicing real property and business law in Nevada for over 40 years. No longer handling any litigation, transactional matters only.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
Family
Prenuptial Agreement
New York
Prenup
Hey i'm getting married next month in NY How much will it cost?
Jane C.
I suggest you submit a proposal for lawyers to bid on.
Family
Prenuptial Agreement
Massachusetts
Is a prenuptial agreement legally binding?
I am planning to get married and I have been advised to consider a prenuptial agreement to protect my assets in the event of a divorce. However, I am unclear on the legal validity and enforceability of a prenuptial agreement and whether it can be challenged or overturned in court. Therefore, I would like to seek the advice of a lawyer to help me understand the legal implications of a prenuptial agreement and ensure that my interests are protected.
Briana C.
Judges in most cases honor and enforce (signed and notarized) prenuptial agreements between two spouses as long as both parties entered it freely and voluntarily and with full knowledge of one another financial circumstances, and the agreement is not "unconscionable." A prenuptial agreement may not be enforced if (1) either party signed it under duress or coercion or undue pressure (or, say, the night before the wedding), (2) the party seeking to enforce it did not truthfully and completely disclose their financial information, or (3) enforcing the prenup would leave one spouse so destitute that they could not meet their most basic living expenses (i.e., would be forced onto welfare). In short, the prenuptial agreement will be enforced if (1) all the procedural requirements were met at the time it was signed and (2) the terms are not unconscionable, taking into account the circumstances existing at the time of divorce.
Estate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Prenup lawyers by top cities
- Austin Prenup Lawyers
- Boston Prenup Lawyers
- Chicago Prenup Lawyers
- Dallas Prenup Lawyers
- Denver Prenup Lawyers
- Houston Prenup Lawyers
- Los Angeles Prenup Lawyers
- New York Prenup Lawyers
- Phoenix Prenup Lawyers
- San Diego Prenup Lawyers
- Tampa Prenup Lawyers
Maine Prenuptial Agreement lawyers by city
- Auburn Prenuptial Agreement Lawyers
- Augusta Prenuptial Agreement Lawyers
- Bangor Prenuptial Agreement Lawyers
- Bath Prenuptial Agreement Lawyers
- Biddeford Prenuptial Agreement Lawyers
- Brunswick Prenuptial Agreement Lawyers
- Caribou Prenuptial Agreement Lawyers
- Ellsworth Prenuptial Agreement Lawyers
- Falmouth Prenuptial Agreement Lawyers
- Gardiner Prenuptial Agreement Lawyers
- Gorham Prenuptial Agreement Lawyers
- Houlton Prenuptial Agreement Lawyers
- Kennebunk Prenuptial Agreement Lawyers
- Lewiston Prenuptial Agreement Lawyers
- Old Town Prenuptial Agreement Lawyers
- Portland Prenuptial Agreement Lawyers
- Saco Prenuptial Agreement Lawyers
- Sanford Prenuptial Agreement Lawyers
- Scarborough Prenuptial Agreement Lawyers
- Skowhegan Prenuptial Agreement Lawyers
- South Portland Prenuptial Agreement Lawyers
- Waterville Prenuptial Agreement Lawyers
- Westbrook Prenuptial Agreement Lawyers
- Windham Prenuptial Agreement Lawyers
- York Prenuptial Agreement Lawyers
ContractsCounsel User
Draft Prenuptial Agreement
Location: Massachusetts
Turnaround: Over a week
Service: Drafting
Doc Type: Prenuptial Agreement
Number of Bids: 4
Bid Range: $750 - $1,400
ContractsCounsel User
Prenuptial Agreement Review
Location: Florida
Turnaround: Less than a week
Service: Contract Review
Doc Type: Prenuptial Agreement
Page Count: 15
Number of Bids: 3
Bid Range: $499 - $650
related contracts
- Advance Healthcare Directive
- Affidavit
- Affidavit of Marriage
- Antenuptial Agreement
- Authorization for Release of Protected Health Information
- B2 Visa
- Child Custody Agreement
- Co-Parenting Contract
- Cohabitation Agreement
- Divorce Agreement
other helpful articles
- How much does it cost to draft a contract?
- Do Contract Lawyers Use Templates?
- How do Contract Lawyers charge?
- Business Contract Lawyers: How Can They Help?
- What to look for when hiring a lawyer