Prenuptial Agreement - Maine

PREMARITAL AGREEMENT

State of Maine

This Premarital Agreement is made on [DATE] by [PARTY A FULL LEGAL NAME] (“Party A”) and [PARTY B FULL LEGAL NAME] (“Party B”). The parties intend to marry on or about [DATE]. Under 19-A M.R.S. §§ 602, 603, and 605, this written agreement becomes effective only upon their marriage.

1. Purpose and Financial Disclosure

The parties wish to define their rights in property and debts during marriage and upon separation, divorce, or death. Each has received the other’s completed Schedule A or Schedule B, including identified assets, approximate values, debts, and income. Each has had an opportunity to request supporting information and consult independent counsel. Neither party is required to sign before completing and exchanging the schedules.

Party A confirms receipt of Party B’s Schedule B on [DATE]: [INITIALS]. Party B confirms receipt of Party A’s Schedule A on [DATE]: [INITIALS].

2. Property Definitions and Ownership

Separate Property means the property listed for a party in that party’s signed schedule, property later received by that party as an individual gift or inheritance, and property purchased entirely with traceable proceeds of that party’s Separate Property. Passive appreciation and income from Separate Property will be [SELECT: separate / shared as described in Schedule C].

Shared Property means property the parties identify in writing as jointly owned, property purchased with shared funds in both names, and [DESCRIBE OTHER SHARED PROPERTY]. Ownership shares are [EQUAL / SPECIFY FRACTIONS], subject to any signed title document or later written agreement.

Each party retains ownership and control of that party’s Separate Property. Neither party acquires an interest in the other’s Separate Property merely because of marriage. The parties will keep records of transfers between separate and shared accounts and identify how improvements paid from shared funds affect ownership in Schedule C.

Earnings during marriage: [SELECT ONE AND COMPLETE: Each party’s wages and business earnings remain that party’s Separate Property / Earnings after marriage are Shared Property / Other allocation: ______]. Retirement contributions and appreciation attributable to earnings are allocated as follows: [DETAILS].

3. Debts and Expenses

Each party is responsible, as between the parties, for the debts listed in that party’s schedule. A debt incurred after marriage is [SELECT: the incurring party’s debt / a shared debt if both sign for it / OTHER]. Joint household expenses will be paid [DESCRIBE METHOD]. This allocation does not change a creditor’s rights against a person who is legally liable to that creditor.

4. Division upon Separation or Divorce

Upon separation or marital dissolution, each party will retain that party’s Separate Property and responsibility for that party’s allocated debts. Shared Property and shared debts will be divided according to the shares in Section 2 and Schedule C, or as the parties later agree in a signed writing, subject to the court’s authority and applicable law. Transfers needed to carry out the division will be documented when the division occurs.

5. Spousal Support — Select One

☐ Reserved. This Agreement does not alter either party’s right to request spousal support under applicable law.

☐ Modified. The parties agree to the following support amount, duration, or formula: [COMPLETE TERMS].

☐ Waived. Each party waives a claim for spousal support from the other, subject to 19-A M.R.S. § 608 and any other applicable limit on enforcement.

The parties acknowledge that 19-A M.R.S. § 608(2) permits a court to require support sufficient to avoid public-assistance eligibility in the circumstances stated there, despite a support modification or waiver. This Agreement does not determine child support or parental rights; a child’s right to support may not be adversely affected by it under § 604.

6. Death and Estate Matters

Sections 2 and 3 express the parties’ agreed property and debt allocations on death as well as during marriage. The parties reserve any surviving-spouse elective-share or other mandatory estate right unless they sign a separate, legally sufficient waiver. Any intended waiver or beneficiary change must be separately reviewed and documented under the applicable law and plan or policy requirements. Neither party promises a particular will, trust, or insurance designation unless the parties complete and sign a separate written undertaking: [IDENTIFY, IF ANY].

7. Representations and Review

Each party states that, as of signing:

• The information in that party’s signed financial schedule is accurate to the best of that party’s knowledge, and material changes disclosed before signing are listed in an attachment.
• The party has read this Agreement and the other party’s schedule, had enough time to ask questions, and signs voluntarily.
• The party has [CONSULTED INDEPENDENT COUNSEL / DECLINED AFTER AN OPPORTUNITY TO DO SO]. Counsel’s name, if any: [NAME].

No clause here decides whether a later court will enforce the Agreement. Under 19-A M.R.S. § 608, voluntariness and the statutory unconscionability and disclosure conditions may affect enforcement.

8. General Terms

Effective date. This Agreement takes effect when the parties marry. If they do not marry, it has no effect as a premarital agreement.

Changes after marriage. Any amendment or revocation after marriage must be in a writing signed by both parties; additional consideration is not required. 19-A M.R.S. § 607.

Governing law. Maine law governs construction of this Agreement, subject to any mandatory law a court finds applicable.

Invalid provision. If a provision is unenforceable, the remaining terms apply only to the extent a court can give them effect consistently with law and the parties’ intent.

Entire agreement. This Agreement and its signed schedules state the parties’ complete premarital property and support agreement. Each party receives a copy signed by both parties.

9. Signatures

Schedule A — Party A Financial Disclosure

Annual income and sources: [AMOUNT AND SOURCES]. Other material financial obligations or interests: [DETAILS]. Additional pages attached: [NUMBER].

Party A signature: [SIGNATURE] Date: [DATE]

Schedule B — Party B Financial Disclosure

Annual income and sources: [AMOUNT AND SOURCES]. Other material financial obligations or interests: [DETAILS]. Additional pages attached: [NUMBER].

Party B signature: [SIGNATURE] Date: [DATE]

Schedule C — Shared Property and Special Allocations

[LIST JOINT PROPERTY, OWNERSHIP SHARES, IMPROVEMENT CREDITS, APPRECIATION RULES, AND ANY SPECIAL DEBT ALLOCATION; WRITE “NONE” IF NOT USED.]

Party A initials: [INITIALS] Party B initials: [INITIALS] Date: [DATE]

Official Maine Sources

• 19-A M.R.S. § 603 (writing and signatures): https://legislature.maine.gov/statutes/19-A/title19-Asec603.html
• 19-A M.R.S. § 604 (permitted subjects and child support): https://legislature.maine.gov/statutes/19-A/title19-Asec604.html
• 19-A M.R.S. § 608 (enforcement limits): https://legislature.maine.gov/statutes/19-A/title19-Asec608.html