A Maine postnuptial agreement outlines the distribution of a married couple’s property in case of divorce or death. Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are executed after the couple marries and typically take effect immediately unless specified otherwise.
Legal Considerations
Maine has statutes for prenuptial agreements but not for postnuptials, which are less clear and governed by contract law but face more scrutiny.
- Signing Requirements: Although not mandated by statute or case law, agreements should be in writing, signed by both parties, and notarized.
- Dividing Property: Equitable division. (§ 953)
Understanding Postnuptial Agreements in Maine
Considerations
- Marital Property: In divorce cases, courts fairly divide property acquired during the marriage, except for items excluded by a valid agreement, as per Me. Rev. Stat. tit. 19-A, § 953(2)(d).
- Settlement Agreements: Maine allows spouses to create postnuptial agreements during divorce planning, as per Jones v. Jones (1992).
- Scrutiny: Marital settlement agreements, much like other contracts, undergo extra scrutiny to ensure their terms align with public policy due to the significant public interest involved, as per Thorne v. Leask (2004).
Asset and Property Rights
Property Ownership
- A married person, widow or widower of any age may own in the person’s own right real and personal estate.
- Estate can be acquired by descent, gift, or purchase [1] .
Wife’s Separate Property
- Property ownership is unaffected by marriage.
- No automatic property rights are acquired upon marrying.
- A spouse can grant the other control over their property for mutual benefit.
- This control can be revoked in writing [2] .
