Maine Prenuptial Agreement Lawyers

A prenuptial agreement is more than a safeguard for divorce. It is a proactive step toward financial clarity, transparency, and mutual trust before entering marriage. At The Maine Divorce Group, we help individuals and couples in Maine create legally enforceable prenuptial agreements tailored to their unique circumstances.

Whether you’re entering a marriage with significant assets, business interests, children from a prior relationship, or simply want to define how property and debt will be managed, a prenuptial agreement can offer peace of mind and reduce conflict in the future.

Our family law attorneys will guide you through the drafting, negotiation, or enforcement of a prenup to ensure it meets Maine’s legal standards and protects your interests. Contact us today to get experienced, compassionate support for your premarital planning.

Prenuptial agreements or “prenups” are essentially marriage agreements between two people before they are officially wed in Maine. These contracts cover the financial aspects of the marriage in the event that it ends.

While prenups were once quite rare — largely drafted to protect elderly people’s wealth from the property division process in the event of divorce — they are more common now. One reason for this is that people often get married later in life than before, having already accrued considerable assets.

However, not all prenuptial agreements in Maine are enforceable. They must follow the principles of the Uniform Premarital Agreement Act (1983), which outlines a set of requirements governing the enforceability of prenuptial agreements. These are further discussed below.

If the marriage agreement is valid, it comes into effect when the relationship ends, i.e., when the couple separates, divorces or one of the partners dies.

When couples get married, the last thing on their mind is separation. However, the reality in the U.S. is that about 50 percent of marriages end in divorce.

Prenups are no longer considered the domain of the wealthy only. Individuals who have accumulated assets before marriage or who run a business might consider a prenuptial agreement.

These assets may be in the form of real estate, savings, shares, or other less obvious assets like retirement accounts.

When a couple divorces in Maine, many financial matters can create potential conflict. Marital property, including the family home, is divided according to equitable distribution laws, i.e., what’s fair under the circumstances of each case. This can lead to disagreements about what constitutes “fairness” and marital property.

A prenup can help you shield assets from this process and prevent legal problems, reducing the likelihood of expensive and time-consuming litigation if and when the marriage ends.

These marriage agreements also allow you to stipulate inheritance rights — for instance, by allocating assets to children from a previous marriage (if applicable) after your death.

Prenups can outline a wide range of financial rights and responsibilities for both individuals entering a marriage, such as:

• Each spouse’s rights and obligations to property from the marriage or property brought into the marriage (buying, selling, using, or otherwise managing and controlling property)
• The ownership of certain property after separation, divorce, death, or another major event
• The division of marital debt after a divorce, (e.g., mortgage payments, credit card debt, etc.)
• A spouse’s entitlement to alimony — how much and for how long?
• How the prenup will interact with the terms of a will drafted by either party
• What will happen in the event of the death of one of the spouses — property, death benefits from life insurance, inheritances, etc.
• Which Maine laws will be used to interpret the agreement?
• How any future financial disputes between the parties will be resolved
• The right to homestead allowance, exempt property, and family allowance

Each of these areas can cause conflict during a divorce so having a prenup that covers these matters can help prevent legal action.

Under Maine law, prenuptial agreements cannot determine child custody or child support. These matters are reserved for the family courts and must be decided based on the best interests of the child at the time of separation or divorce and not predetermined by contract.

While couples can include provisions for spousal support in a prenuptial agreement, a court may override those terms if they are found to be unconscionable or unfair at the time of enforcement.

In all cases involving children, Maine courts will independently evaluate:

• Where the child will live
• How much time they’ll spend with each parent
• Financial support obligations

Even if parents reach a private agreement on these issues, it must be reviewed and approved by a judge before becoming legally binding. Children have a legal right to support from both parents, and that right cannot be waived in a prenup.

To be legally valid and enforceable in Maine, a prenuptial agreement must follow the requirements set by the Uniform Premarital Agreement Act (UPAA). These standards help ensure fairness and protect both parties in the event of a divorce.

A prenuptial agreement in Maine must:

• Be in writing
• Be signed voluntarily by both parties without coercion, threats, or pressure
• Be notarized
• Include full and fair disclosure of each party’s assets, income, debts, and financial obligations
• Be fundamentally fair and not leave one party in a severely disadvantaged position at the time of enforcement

Once married, couples can amend or revoke their prenuptial agreement at any time, as long as the change is put in writing and signed by both spouses.

Working with an experienced family lawyer can help ensure your prenuptial agreement meets all legal standards and stands up in court if ever challenged.

In the majority of cases where the protocol has been followed for creating prenuptial agreements, the Maine courts will enforce them.

The main reasons for marriage agreements being invalidated by the courts are the following:

• One of the spouses did not sign the agreement voluntarily
• The agreement was severely unfair(“unconscionable”) at the time it was signed and:
  • A spouse failed to fully disclose assets/debts
  • The affected spouse did not waive the right to receive the other’s financial information
  • The affected spouse did not know (and could not have known) the other spouse’s assets/debts in any other way
• A marriage is declared void (e.g., one of the spouses was already married)

Judges in Maine generally only consider prenuptial agreements unconscionable in extreme circumstances.

A prenup is most likely to be thrown out if, as a result of the agreement, one spouse would require public assistance to ease their financial situation. In such circumstances, a judge may overrule the stipulations of a prenuptial agreement and award alimony.

A postnuptial agreement is the same as a prenuptial agreement but created after the marriage has already started.

A valid postnuptial agreement can cover the same elements as a prenup and the same requirements apply for it to be legally enforceable. Namely, it must be in writing, voluntary, fair, with full disclosure and full comprehension by both parties of the contents. The agreement must also be validly executed in front of a notary.

Postnuptial agreements generally cover the same areas as a prenuptial agreement and address the same financial aspects of the marriage, i.e.:

• How to divide property and other assets in the event of the marriage ending
• The payment of support — amount/duration
• The division of marital debt after divorce
• How assets will be transferred after the death of either spouse
• Provisions for assets to pass to children from a previous marriage
• How to resolve financial disputes in the event of divorce

Postnuptial agreements in Maine, like prenups, should not include provisions for child support or child custody as these decisions must be made at the time of separation in the best interests of the children.

A postnuptial agreement can be a valuable tool for couples in Maine who wish to outline their financial arrangements and protect their assets in case of a divorce. However, for a postnuptial agreement to hold up in court, it must meet certain requirements outlined by Maine law. Below are the essential criteria that must be satisfied for a postnuptial agreement to be considered valid and enforceable in the state of Maine.

Whether you are preparing for marriage or preparing to leave a marriage, you need the assistance of an experienced Maine family law attorney.

At The Maine Divorce Group, we can represent you during the drafting and signing of such an agreement.

We can also help enforce an agreement if you are pursuing a divorce. Contact us by phone or directly online today to find out more about our services and to receive a case consultation.