Ready to protect your financial future? Contact a Maine family law attorney today to discuss your prenuptial agreement options.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in Maine
- Both parties must voluntarily sign the agreement in writing, without coercion or duress.
- The agreement must be signed before the marriage (any time before the ceremony).
- Both parties must fully disclose their assets, debts, and income.
- The agreement must be fair and not unconscionable at the time of enforcement.
- The agreement should be signed in the presence of a notary public, though notarization isn't strictly required for validity, it's highly recommended.
- It's crucial that each party has the opportunity to consult with independent legal counsel.
How to set up a Prenuptial Agreement in Maine
- Discuss with your partner: Start an open conversation about why you want a prenup and what you both hope to achieve.
- Gather financial documents: List all assets, debts, property, and income for both of you.
- Hire separate lawyers: Each of you should have your own attorney to ensure your interests are protected and the agreement is fair.
- Draft the agreement: Your lawyers will work together to create a document that meets Maine requirements and your wishes.
- Sign and notarize: Sign the agreement in the presence of a notary public before your wedding date.
- Store safely: Keep a copy with your important papers, and provide copies to your attorneys.
How much it costs
The cost of a prenuptial agreement in Maine varies widely, typically ranging from $1,500 to $5,000 or more, depending on complexity and attorney fees. Hiring separate lawyers is advisable and adds to the cost but ensures the agreement is more likely to be upheld. Some online services offer prenup templates for under $500, but they may not be tailored to Maine law and could be contested later.
Before You Begin: Maine Prenup Checklist
Before drafting your Maine prenuptial agreement, gather the right documents and know the state's rules to avoid common pitfalls.
- Confirm both parties are at least 18 and mentally competent to sign a contract.
- Prepare a full list of assets, debts, income, and property you own—honesty is key to enforceability.
- Have each party obtain independent legal advice (or waive it in writing) to avoid claims of duress.
- Plan to sign the agreement in writing and have it notarized—Maine requires notarization for validity.
- File the notarized prenup with the local register of deeds in the county where either spouse resides, to ensure it is recorded.
- Be aware that courts may disregard terms involving child support or custody; focus on property and spousal support.
Questions people ask
Is a prenuptial agreement legally binding in Maine?
Yes, prenuptial agreements are generally enforceable in Maine if they are in writing, signed voluntarily by both parties, and are fair. The court may set aside provisions that are unconscionable or if there was not full disclosure of assets.
What can and cannot be included in a Maine prenup?
A prenup can cover property division, alimony (spousal support), and debts. However, it cannot address child custody or child support in a way that is against the child's best interests, as courts decide those matters.
Do I need a lawyer for a prenuptial agreement in Maine?
While not legally required, having a lawyer is highly recommended. Each spouse should have independent legal counsel to ensure the agreement is fair and to reduce the risk of it being challenged later. Even a simple prenup is a legal document with lasting effects.
Can we modify or revoke a prenup after marriage?
Yes, you can modify or revoke a prenuptial agreement after marriage, but any changes must be in writing, signed by both parties, and may require new consideration. It's best to consult a lawyer to ensure the modification is done correctly.