PREMARITAL AGREEMENT

(State of Maine – Uniform Premarital Agreement Act)

[// GUIDANCE: This template is intended for use by licensed attorneys. Insert or delete provisions to reflect client objectives, Maine statutory requirements, and current case law. Verify all cross-references after editing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Exhibits & Schedules

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1. DOCUMENT HEADER

1.1 Title and Parties

THIS PREMARITAL AGREEMENT (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [FULL LEGAL NAME OF PARTY A], residing at [ADDRESS] (“Party A”); and
• [FULL LEGAL NAME OF PARTY B], residing at [ADDRESS] (“Party B,” and together with Party A, the “Parties,” and each, a “Party”).

1.2 Recitals

A. The Parties contemplate legal marriage to one another on or about [ANTICIPATED WEDDING DATE] (the “Marriage”).
B. Each Party owns separate property and has accumulated certain debts and obligations.
C. The Parties desire to define and limit their respective property rights, support obligations, and other matters incident to the Marriage pursuant to the Uniform Premarital Agreement Act as adopted in Maine, Me. Rev. Stat. Ann. tit. 19-A, § 601 et seq. (the “Act”).
D. The Parties have made a full and fair disclosure of their respective assets, liabilities, and income, as reflected in the attached Schedules.
E. The Parties enter into this Agreement freely, voluntarily, and upon advice of independent legal counsel (or having knowingly waived such right).

NOW, THEREFORE, in consideration of the mutual covenants herein and intending to be legally bound, the Parties agree as follows:

2. DEFINITIONS

The following capitalized terms shall have the meanings set forth below. Terms defined in the singular include the plural and vice versa.

“Act” – The Maine Uniform Premarital Agreement Act, Me. Rev. Stat. Ann. tit. 19-A, § 601 et seq.

“Affiliate” – Any entity that directly or indirectly controls, is controlled by, or is under common control with a Party.

“Agreement” – This Premarital Agreement, including all Exhibits and Schedules, as amended from time to time.

“Effective Date” – The date first written above.

“Marital Property” – All property acquired jointly by the Parties after the Marriage except as expressly classified herein as Separate Property or Mixed Property.

“Mixed Property” – Property that has become partly Separate Property and partly Marital Property due to commingling or appreciation, as further described in Section 3.4.

“Party” / “Parties” – As defined in Section 1.1.

“Premarital Debt” – Any liability or obligation incurred by a Party prior to the Effective Date.

“Separate Property” – All assets, income, and appreciation thereof owned by a Party before the Marriage or acquired thereafter under Section 3.2.

“Specific Performance” – A court order requiring actual performance of a contractual duty as provided in Section 6.3.

[// GUIDANCE: Add additional defined terms as necessary for complex holdings, trusts, or business interests.]

3. OPERATIVE PROVISIONS

3.1 Condition Precedent

This Agreement becomes effective only upon solemnization of the Marriage. If no Marriage occurs on or before [LONG-STOP DATE], this Agreement shall be null and void ab initio.

3.2 Separate Property

3.2.1 Each Party’s Separate Property, listed on Schedule A (Party A) and Schedule B (Party B), together with any appreciation, rents, issues, and profits therefrom, shall remain that Party’s sole and exclusive property, free from any claim by the other Party.
3.2.2 Gifts, inheritances, or devises received by a Party after the Marriage shall also constitute Separate Property, unless expressly disclaimed in a signed writing.

3.3 Marital Property

Except as otherwise provided herein, property acquired jointly in both Parties’ names after the Marriage and all earnings derived from the active personal efforts of either Party during the Marriage shall constitute Marital Property and shall be divided [EQUAL | PRO-RATA | OTHER] upon dissolution of the Marriage.

3.4 Mixed Property and Tracing

Commingling of Separate and Marital Property shall not convert Separate Property into Marital Property so long as it can be traced to its source by clear and convincing evidence. Should tracing become impracticable, such property shall be deemed Mixed Property subject to equitable allocation under Maine law.

3.5 Spousal Support

3.5.1 [OPTION A – WAIVER]: Each Party knowingly and voluntarily waives any right to receive spousal support (alimony) from the other Party, except as provided in Section 3.5.3.
3.5.2 [OPTION B – LIMITATION]: Spousal support, if awarded, shall not exceed [CAP AMOUNT OR FORMULA] per month and shall not extend beyond [NUMBER] months.
3.5.3 Exception for Unconscionability: If enforcement of Section 3.5.1 or 3.5.2 would render a Party eligible for public assistance at the time of marital dissolution, the court may require the other Party to provide sufficient support to avoid that result, as permitted under the Act.

3.6 Estate Rights

Upon the death of either Party during the Marriage, the surviving Party waives all statutory elective share, homestead, or other forced-share rights in the deceased Party’s estate, except as may be provided in the deceased Party’s will or trust.

3.7 Life Insurance

Each Party shall maintain life insurance on his or her life with a face value of not less than [AMOUNT], naming the other Party as beneficiary, until the earliest of (a) the Parties’ divorce, (b) the Parties’ mutual written agreement, or (c) [TERMINATION EVENT].

3.8 Consideration

The mutual promises herein and the contemplated Marriage constitute adequate consideration for this Agreement.

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other that, as of the Effective Date:

4.1 Capacity: The Party is at least eighteen (18) years of age, fully competent, and under no impediment to contract marriage.

4.2 Voluntariness: The Party executes this Agreement freely and voluntarily, without fraud, duress, or undue influence.

4.3 Legal Counsel: The Party has been advised to seek, and has had adequate opportunity to obtain, independent legal counsel of the Party’s choice, and [has done so | knowingly waives such right].

4.4 Full Disclosure: The Party has provided a true, complete, and fair disclosure of all material assets, liabilities, and income, as reflected in the attached Schedules.

4.5 No Bankruptcy: No voluntary or involuntary bankruptcy or insolvency proceeding is pending or threatened against the Party.

4.6 Accurate Schedules: The Schedules are complete and accurate in all material respects and are hereby incorporated by reference.

4.7 Survival: The representations and warranties in this Section 4 shall survive the execution and performance of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Debt Covenant: Each Party shall be solely responsible for his or her Premarital Debt and any debt incurred after the Effective Date that is not expressly incurred for the joint benefit of the Parties.

5.2 Record-Keeping: Each Party shall maintain separate, contemporaneous records sufficient to identify Separate Property and to enable tracing as required under Section 3.4.

5.3 Tax Filings: The Parties shall cooperate in good faith with respect to state and federal income tax filings, electing joint or separate returns as mutually agreed.

5.4 Estate Planning: Within [NUMBER] days after the Marriage, each Party shall execute wills and/or trusts consistent with this Agreement.

5.5 Notice of Change: A Party shall notify the other within thirty (30) days of any material change in assets, liabilities, or income exceeding [NOTICE THRESHOLD].

[// GUIDANCE: Consider adding confidentiality or non-disparagement covenants where reputation is a specific concern.]

6. DEFAULT & REMEDIES

6.1 Events of Default

The occurrence of any of the following constitutes an “Event of Default”:
a. Material breach of this Agreement;
b. Knowingly providing false or materially misleading information in the Schedules;
c. Commencing litigation to rescind or invalidate this Agreement in violation of Section 8.3; or
d. Failure to comply with a material covenant after written notice and expiration of the applicable Cure Period.

6.2 Notice and Cure

Upon discovery of a purported Event of Default, the non-defaulting Party shall give written notice specifying the default. The defaulting Party shall have [30] days (the “Cure Period”) to cure.

6.3 Remedies

If an Event of Default is not cured within the Cure Period, the non-defaulting Party may seek:
a. Specific Performance;
b. Temporary, preliminary, or permanent injunctive relief;
c. Actual damages, subject to Section 7.2 (Liability Caps); and
d. Recovery of attorneys’ fees and costs per Section 6.4.

6.4 Attorneys’ Fees

A prevailing Party in any enforcement action shall be entitled to reasonable attorneys’ fees, expert fees, and court costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification

Each Party (“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party (“Indemnified Party”) from and against any and all claims, losses, liabilities, and expenses arising out of or relating to the Indemnifying Party’s Premarital Debts or obligations incurred solely in the Indemnifying Party’s name after the Marriage.

7.2 Limitation of Liability

Except for (i) fraud, (ii) willful misconduct, or (iii) obligations expressly excluded from limitation under applicable law, each Party’s aggregate liability to the other under this Agreement shall not exceed [CAP AMOUNT OR FORMULA] (the “Liability Cap”).

[// GUIDANCE: Ensure the Liability Cap aligns with financial disclosures to avoid later unconscionability claims.]

7.3 Insurance

Each Party shall maintain adequate insurance (homeowner’s/renter’s, auto, umbrella) in customary amounts to cover liabilities that could trigger indemnification under Section 7.1.

7.4 Force Majeure

Neither Party shall be liable for failure to perform any obligation (other than monetary payment obligations) to the extent such failure is caused by events beyond the Party’s reasonable control, including acts of God, war, terrorism, pandemic, or governmental action (“Force Majeure Event”), provided the affected Party promptly notifies the other and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and all disputes arising hereunder shall be governed by, and construed in accordance with, the domestic relations laws of the State of Maine, without regard to conflict-of-law principles.

8.2 Forum Selection

Subject to Section 8.3, any judicial proceeding relating to the enforcement or interpretation of this Agreement shall be brought exclusively in the [COUNTY] Division of the Maine District Court (Family Division). The Parties consent to the personal jurisdiction of such court.

8.3 Limited Arbitration

a. Scope: Upon mutual written agreement, any dispute solely concerning the financial terms of this Agreement (and not involving child custody, child support, or public policy matters) may be submitted to final and binding arbitration under the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”).
b. Seat & Law: The seat of arbitration shall be [CITY], Maine. The arbitrator shall apply Maine law and issue a reasoned award.
c. Preservation of Court Powers: Nothing in this Section 8.3 limits the Family Court’s statutory authority under the Act.

8.4 Jury Trial Waiver

The Parties acknowledge that proceedings in the Maine Family Court are non-jury and therefore waive any right they might otherwise have to a jury trial regarding matters arising under this Agreement.

8.5 Equitable Relief

The Parties agree that monetary damages may be inadequate and that specific performance and injunctive relief are appropriate remedies, subject always to the court’s discretionary powers.

9. GENERAL PROVISIONS

9.1 Amendments; Revocation: This Agreement may be amended or revoked only by a written instrument signed by both Parties and acknowledged before a notary public in the form required under the Act.

9.2 Assignment: Neither Party may assign or delegate any rights or obligations under this Agreement without the other Party’s prior written consent.

9.3 Successors & Assigns: This Agreement is binding upon and inures to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

9.4 Severability & Reformation: If any provision is held invalid or unenforceable, the remainder shall be given full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable while preserving the Parties’ original intent.

9.5 Integration/Merger: This Agreement constitutes the entire agreement between the Parties concerning the subject matter and supersedes all prior or contemporaneous understandings.

9.6 Counterparts; Electronic Signatures: This Agreement may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Electronic signatures and copies shall be treated as originals.

9.7 Notices: All notices under this Agreement shall be in writing and deemed given upon (i) personal delivery, (ii) certified U.S. mail (return receipt requested), or (iii) nationally recognized overnight courier, addressed to the recipient at the address set forth in Section 1.1 or such other address as the recipient designates by notice.

9.8 Headings: Section headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Notary Acknowledgment (State of Maine)

State of Maine, County of [COUNTY]
On this _ day of _, 20___, before me, the undersigned Notary Public, personally appeared [PARTY A] and [PARTY B], known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same as their free act and deed.

Notary Public, State of Maine
My Commission Expires: ____

[// GUIDANCE: Maine does not require witnesses for a premarital agreement, but local recording practices vary. Add witness lines if desired.]

11. EXHIBITS & SCHEDULES

• Schedule A – Party A’s Assets, Liabilities & Income
• Schedule B – Party B’s Assets, Liabilities & Income
• Schedule C – Joint Property (Post-Marriage Acquisition) [Optional]
• Exhibit 1 – Acknowledgment of Independent Counsel [Optional]
• Exhibit 2 – Arbitration Submission Agreement [Optional]

[// GUIDANCE: Attach detailed schedules and update all cross-references before final execution. Incomplete or inaccurate disclosures are the leading cause of unenforceability under Maine’s fairness standards.]

END OF DOCUMENT