Maine Prenuptial Agreement
Welcome to Maine. Home of the absolute best lobster you’ll ever taste and some incredible New England coastal vibes. If you’re tying the knot in the beautiful state of Maine, congrats! Before walking down the aisle, you may want to consider a prenup–after all, it’s what all the cool kids are doing as a prudent step to ensure their futures are secured no matter what life throws their way!
Maine Prenuptial Agreement Basics
In the state of Maine, the term premarital agreement is the legal term used for a prenuptial agreement (a.k.a., a prenup). A premarital agreement (or a prenup) is a contract formed between two individuals intending to be married. Under Maine’s Uniform Premarital Agreement Act (Title 19-A: DOMESTIC RELATIONS), there are specific guidelines set for the construction and enforcement of such agreements. Keep in mind these agreements are only enforceable if the marriage actually takes place (no marriage, no prenup).
Requirements for premarital agreements in Maine
Maine’s Uniform Premarital Agreement Act (Title 19-A, Ch. 21, § 601) and Maine case law dictate the requirements of a prenup. Here are some things you should keep in mind when creating a valid and enforceable (and things to avoid).
Requirements
- Prenup must be in writing
- Prenup must be signed
- Prenup must be signed voluntarily (no duress, coercion, or undue influence)
- Notarization is recommended
- Both parties must provide fair and reasonable financial disclosure
- Agreement must not be unconscionable (unreasonably unfair)
- Clauses included in the prenup must be lawful
Cannot include:
- Clauses regarding child support and child custody
- Clauses that are unlawful or against public policy
- Entering into the prenup involuntarily
- Not providing proper financial disclosure
Do I need an attorney for my Maine prenup?
In Maine, there is no explicit statutory requirement mandating independent legal counsel for parties entering into a prenuptial agreement. However, case law in Maine suggests that consultation with independent counsel is recommended, though not required. For example, in cases like Blanchard v. Blanchard, independent legal counsel was noted as a factor contributing to the agreement’s enforceability. During the agreement process, the wife, in that case confirmed having consulted with independent counsel before signing, which supported the conclusion that she was adequately informed about the agreement’s terms (Blanchard v. Blanchard, 148 A.3d 277 (2016)).
In addition, in the case of Hoag v. Dick, the court noted the lack of opportunity to obtain advice from independent legal counsel was a factor in determining the agreement’s unenforceability (Hoag v. Dick, 799 A.2d 391 (2002). In other words, a court will consider whether or not people had the opportunity to get independent legal advice, meaning did they have enough resources and time to obtain an attorney?
What topics can a Maine premarital agreement include?
So, what can you include in your Maine prenup? Title 19-A, §604 explains it for you. The statute says explicitly what you can and cannot include in your prenup:
- Division of property if divorce or death occurs
- Control of property
- Spousal support terms
- The making of wills, trusts, and estate planning
- Liability of debts
- Waiver of inheritance rights if one spouse dies
- Choice of law (which state law applies)
- Any other matter that does not violate Maine law or public policy
- Important: Prenups in Maine cannot include clauses about child support
Join the thousands of couples creating their Maine prenup today.
Create your free account now.
Who might want a premarital agreement in Maine?
There is no monetary requirement to get a prenup. In fact, many of HelloPrenup’s customers have a net worth of $0. Prenups are for anyone looking to ensure their future is planned the way they wish in case of separation, divorce, and sometimes death.
Here are some examples of couples who might want a prenup:
- People with pre-marital assets
- People on their second marriage
- People with businesses
- People with debt
- People with future earning potential or future business plans
- People who want to protect their children from a previous relationship
- People who expect a future inheritance from parents or other family
- People who plan to acquire assets during the marriage (retirement accounts, real estate, investment accounts, etc.)
- People who want peace of mind that their financial future is secured
An example of how a prenup helps with a second marriage
John and Jane are planning on getting married. Jane was married in the past and has two children from her previous marriage. Her first husband passed away, leaving her a hefty inheritance, and she also has property that has been in her family for generations.
She wants to ensure that her assets and property go to her children when she passes away. Jane and John decide to enter into a Premarital Agreement.
This agreement, signed by both parties, can determine (along with proper estate planning documents) who controls Jane’s property and assets upon her death. It also ensures that if Jane and John ever divorce, all of her property will stay in her name.
An example of how a prenup helps business owners
Susie and Steve own several successful restaurants. They are planning on getting married. Steve has been married previously and would like a Premarital Agreement in case of divorce or death, to plan for the division of property and assets. The two create a Premarital Agreement that divides the property and assets of the restaurants they both own together fairly in the event of divorce.
In both of these cases, each party knows what the other’s intentions are. Financial Disclosures have been made, and each has met or had the opportunity to meet with an attorney. Going forward with the marriages, there should be no surprises because everything has been discussed beforehand.
The default law on property division in Maine
So, what happens to your stuff if you get a divorce without a prenup in Maine? Does everything get automatically split 50/50 like you hear about? Not necessarily. Maine follows equitable distribution laws, which means marital property is split equitably, not necessarily equally. This means a judge can divide your property based on their discretion using a set of statutory factors 50/50, 60/40, 70/30, or any other combination that makes sense for your specific situation.
The factors a judge would use to make this determination can be found in Title 19-A § 953. Some of the relevant factors include:
- Contribution of each spouse to the acquisition of the property (this includes contributions made by a stay-at-home spouse/parent).
- The value of each spouse’s separate property
- The economic circumstances of each spouse, including the desirability of awarding the family home or the right to live in the home for reasonable periods to the spouse having custody of the children and
- Any economic abuse by a spouse, if applicable.
Note that a court does not split up any separate property. If something is considered separate property in Maine, then it is NOT divisible in a divorce. Separate property in Maine is anything acquired by a spouse before the marriage or during the marriage through:
Gifts:
Property received as a present.
Inheritance:
Property received from a deceased person’s estate.
Legal separation:
Property acquired after a court-ordered separation.
Agreement:
Property the spouses have agreed is separate. (Hint, hint: a prenup).
Increase in value of separate property:
Property value rises due to market or reinvestments, except if actively managed by either spouse.
Now Offering Embryo Clauses!
Plan on Being a Parent? Consider Embryo Clauses:
1 in 6 couples struggle with infertility. This increase in infertility means an increase in ways to conceive a child besides running into the bedroom on your honeymoon.
Embryo clauses are for folks who have existing embryos or if you plan to have embryos in the future.
Don’t know if you’ll have embryos?
👉Infertility is a lot like “the d-word.” No one plans on it happening, but you may want to prepare for it just in case you fall into the ~42% of adults seeking fertility treatments.
By adding Embryo Clauses to your prenup, you’ll likely:
Save money
Bundle embryo provisions into your prenup and avoid costly legal fees later on.
Build a strong foundation
Talking about embryos now helps you and your partner understand each other’s perspectives on family planning.
Protect your wishes
Put your wishes in writing to ensure they’re respected, no matter what life throws your way.
What can we contract to?
HelloPrenup Embryo Clauses are designed to address each of your wishes—from what happens to your embryos in case of divorce to who’s responsible for storage fees. We even allow you to address legal parenthood of the embryos in case of death or divorce.
Requirements for premarital agreements in Maine
Maine’s Uniform Premarital Agreement Act (Title 19-A, Ch. 21, § 601) and Maine case law dictate the requirements of a prenup. Here are some things you should keep in mind when creating a valid and enforceable (and things to avoid).
General Support:
To help a spouse with much lower income potential maintain a similar standard of living after divorce. This is usually not awarded for marriages under 10 years.
Transitional Support:
Short-term help for a spouse to get back into the workforce or adjust financially.
Reimbursement Support:
In special cases, this type of spousal support may be awarded to compensate a spouse for significant contributions or economic abuse during the marriage.
Nominal Support:
This is a small amount awarded in order to keep the option of increasing support available in the future.
Interim Support:
Temporary support awarded solely during the divorce proceedings.
Here are a few of the factors the court considers when deciding spousal support in Maine:
- How long the marriage lasted
- Each person’s ability to earn money and their financial situation
- Age, education, health, and job history of each person
- Contributions to the household or the other person’s career
- Any financial misconduct or abuse
- Standard of living during the marriage
Divorce in Maine
Maine offers both fault and no-fault grounds for divorce (Title 19-A § 902). This means that you can file for “irreconcilable differences” and not be required to prove one spouse was at fault, OR you can file for a specific reason, such as adultery or abuse, and be required to prove fault. It is much more common nowadays to file no-fault divorce under “irreconcilable differences.”
You can file for divorce if you or your spouse are a resident of Maine. To meet the residency requirement, you need to have lived in Maine for at least six months prior to filing for divorce (Title 19-A § 901).
Important cases about prenups in Maine
Let’s take a look at several prenup cases that real Maine courts have analyzed and given us pearls of wisdom on what to do and what not to do when it comes to getting a prenup in Maine.
ME Prenup Case Law:
A lesson on financial disclosure in Maine (In re Est. of Martin, 938 A.2d 812 (2008))
James and Donna both agreed to sign a prenuptial agreement, drafted by James’ lawyer, stating neither would inherit the other’s property if one of them passed away. Donna signed the agreement without consulting a lawyer.
Sadly, James passed away in 2005, and Donna tried to take charge of his estate. James’ family stepped in and asked the court to uphold the prenuptial agreement, which stated Donna wouldn’t receive any of James’ belongings. Donna argued the prenup was invalid because she did not receive proper financial disclosure (which is a requirement in Maine).
However, the court disagreed with Donna. In fact, the court found plenty of evidence suggesting she did know, or at least had the opportunity to know, about his finances. Having adequate knowledge of a spouse’s finances suffices the financial disclosure requirement of a prenup under Title 19-A, § 608.
The moral of the story? In Maine, financial disclosure can be satisfied by having adequate knowledge of your spouse’s finances without having provided actual financial disclosure in the prenup. HOWEVER–We always recommend following the formal financial disclosure process, which means attaching a financial schedule to the end of your prenuptial agreement with an accurate list of both spouses’ assets, debts, accounts, income, and inheritances.
(In re Est. of Martin, 938 A.2d 812 (2008))
What is considered an unconscionable agreement in Maine? (Blanchard v. Blanchard, 148 A. 3d 277 (2016))
One of the main issues in question for this case was whether the agreement was unconscionable. The ex-wife argued the prenup should be thrown out because it was too one-sided and there was too large of a financial disparity between the couple to be fair (i.e., she argued it was invalid and unconscionable).
The prenup had terms included the following terms:
– Neither spouse could claim the other’s property in case of death or divorce.
– Wife would receive temporary spousal support.
– They would split their shared belongings equally.
– Wife could choose a car but would be responsible for any associated debt.
The court disagreed with the wife. The court listed the following reasons to support why the agreement was NOT unconscionable:
– Both parties were financially independent and self-sufficient at the time of signing.
– Both parties wanted to enter into the agreement.
– The ex-wife had ample time (six weeks) to review the agreement before signing.
– The ex-wife requested changes to the agreement, and those changes were made.
– The ex-wife consulted with independent legal counsel.
– The final terms of the agreement were not excessively one-sided or unfair.
The bottom line? It takes a lot more than just financial disparity between a couple to get a prenup thrown out. In fact, the court noted that to be substantively unconscionable, a prenup must shock the conscience of the court. Here, that was not the case.
Maine Prenup Articles
How to Get a Prenup in Maine
Ready to dive into the world of prenups in Maine? Picture this: just as a lighthouse guides ships...
Maine Prenup Laws 101
Welcome to Maine Prenup Laws 101! If you're reading this, you’re probably thinking about getting a...
Prenuptial Agreement Attorney in Maine
Tying the knot in Maine? Don't forget the prenup! While you're busy picking out the perfect...
The information on this page was last updated in July, 2024. Hello Prenup provides a platform for self-help. The information provided by Hello Prenup along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Hello Prenup nor any information provided by Hello Prenup is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
Ready to start your Maine prenup?
Sign-up. Complete prenup. Get married.
