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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.
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.
Meet some lawyers on our platformFor 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.
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.
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.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
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.
As an experienced attorney, I have honed my expertise across a broad spectrum of legal areas, providing comprehensive legal services tailored to meet the diverse needs of my clients. My practice encompasses business formation, contract law, privacy law, and other critical facets of the legal landscape. I specialize in drafting and reviewing various agreements, including Short Form Services Agreements, privacy policies, End User License Agreements (EULAs), and terms of service agreements for a wide range of industries. I pride myself on my ability to translate complex legal language into understandable terms, ensuring that all parties have a clear understanding of their rights and obligations. My client relationships are built on direct, transparent communication and a deep understanding of their business needs. My approach is characterized by meticulous attention to detail and a commitment to providing practical, legally sound solutions that protect and advance my clients' interests across multiple areas of law.
Hello! My name is Jennifer and I practice law in most areas of IP (copyright, trademark, ad tech) with a specialization in entertainment law. I have represented many different content and technology creators, negotiating master service agreements, talent agreements, production agreements, ad agency work, and other IP generalist work.
Zurick T. Smith is the founding member of The Law Office of Zurick T. Smith, PLLC. His firm services DC residents with Trusts & Estate Planning, simple to complex employment and business matters as well as business formations.
My solo attorney law office is focused heavily on Family Law, but I also do residential real estate, and prepare Wills & Trusts.
General practice attorney
Asked on Apr 15, 2023I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Asked on Oct 6, 2022My 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?
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.
Asked on Mar 21, 2023As 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.
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.
Asked on Mar 21, 2023I 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.
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.
Asked on Apr 21, 2023I 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.
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.
