Maine Prenuptial Agreement Template

A Maine prenuptial agreement is a legal contract that a couple can sign before getting married to establish their respective rights during the marriage, in the event of a divorce, or after the death of a spouse. Typically, a prenuptial agreement deals with the control of finances and property, but it can also cover other matters, such as spousal support and inheritance rights.

It’s important to note that under § 606, any prenuptial agreement becomes void within eighteen (18) months of the couple becoming guardians to a child unless the agreement is amended during this period. Moreover, if a court determines that the prenuptial agreement was unconscionable or that one party was coerced into signing it, the agreement may be ruled void.

Enforceability Requirements

• Effective Date: Upon the marriage of the parties.
• Invalidation Conditions: The agreement is void if it was signed involuntarily or if one party wasn’t provided with fair and reasonable disclosure before signing an unconscionable agreement. The terms of the agreement cannot adversely affect a child’s right to receive support.
• Spousal Support: An agreement that eliminates spousal support can be overridden by a court if it causes one party to be eligible for public assistance. In such cases, the court may require the other party to provide support to avoid eligibility.
• Unconscionability: Must be decided by the court as a matter of law.
• Statute of Limitations: Tolled during the marriage of the parties to the agreement.
• Result of Becoming Void: An agreement is only enforceable to prevent an unfair outcome.
• Modification: Must be in writing and signed by both parties. The amended agreement is enforceable without consideration.

Download: PDF & MS Word.