Premarital Agreements in Maine

A prenuptial agreement in Maine must comply with our laws. It is important to see a lawyer if you're thinking of getting married and want a premarital agreement. The compensation you pay to a lawyer to have it done correctly will be wisely spent if you need to later litigate the issue.

 

Findlaw lists 10 reasons why a premarital agreement might be invalid:

 

1. It's not in writing.
2. It's not properly executed.
3. You signed under pressure.
4. You failed to read it.
5. There was inadequate time to consider it.
6. It contains invalid provisions.
7. It contains false information.
8. You did not have independent counsel.
9. The agreement is unconscionable.

 

Maine law allows the parties to make provisions dealing with personal property, real estate, Wills, spousal support and other matters. The agreement can't deprive a child of support.

 

Lawyers will charge a fee based upon the complexity of the agreement.  And unlike lawyers in personal injury cases, no lawyer would generally agree to a no win, no fee arrangement assuming there was a later challenge to the validity of the agreement.

 

In Maine, if your agreement was signed before October 1, 1993, a premarital agreement becomes effective upon the marriage of the parties and unless the parties sign a document agreeing that it remains in effect, the premarital agreement is void 18 months after the parties have children.

 

If you have any question about the validity of your agreement, call a lawyer and have the document reviewed.

 

 

Comments

[Ms Sindhu Yadav]

No doubt increasing divorce rates among married couples and rising monetary disputes have given way to pre marital agreements. Prenuptial Agreements actually strengthens your relationship as communicating about monetary issues can improve the quality of one’s relationship and encourage communication among partners. Such issues when confronted post divorce or separation only worsen the situation. But making a prenup forces you to confront many of the issues pertaining to money management, property rights, responsibility for debts and estate planning at a time when your relationship may still be new and untested. A prenuptial Agreement also does not address the issues pertaining to alimony, child custody rights, child support payments and personal issues. Prenuptial Agreements would act as a breather/ray of hope especially for women’s in failed marriages and would be less messy an affair as a divorce would be.

Ms Sindhu Yadav,
Subject Matter Expert,
Choir de Law Pvt. Ltd., India