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.
Legal Considerations
Laws:
- 19-A §601 – Short title
- 19-A §602 – Definitions
- 19-A §603 – Formalities
- 19-A §604 – Content
- 19-A §605 – Effect of marriage
- 19-A §606 – Effect of children
- 19-A §607 – Amendment; revocation
- 19-A §608 – Enforcement
- 19-A §609 – Enforcement; void marriage
- 19-A §610 – Limitation of actions
- 19-A §611 – Application and construction
Signing Requirements: Must be signed by both spouses. (§ 603)
Dividing Property: Equitable division. (§ 953)
Enforceability Requirements
- Effective Date: Upon the marriage of the parties.
- Invalidation Conditions: Void if it was signed involuntarily or if one party wasn’t provided with fair and reasonable disclosure before signing an unconscionable agreement.
- 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.
