Getting married in Maine? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules. In short: 19-A M.R.S. § 605(1) provides that a premarital agreement is unenforceable if involuntary or unconscionable with lack of disclosure.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Under Maine’s premarital agreement law (19-A M.R.S.
- Maine has enacted its own version of the Uniform Premarital Agreement Act (MPAA) at 19-A M.R.S. § 601-611.
Are prenups legal in Maine?
Maine has enacted its own version of the Uniform Premarital Agreement Act (MPAA) at 19-A M.R.S. § 601-611. A Maine prenup must be in writing and signed by both parties – as in all states, an oral prenup is unenforceable.
What makes a Maine prenup enforceable?
Under Maine’s premarital agreement law (19-A M.R.S. § 604 and § 605), a prenup will not be enforced if the spouse against whom enforcement is sought proves that they did not execute the agreement voluntarily, or that the agreement was unconscionable when executed and they were not provided a fair and reasonable disclosure of the other party’s financial circumstances (and did not waive the right to disclosure).
What you can—and can’t—include
Maine permits prenups to cover the full range of financial matters between spouses.
Simple process
For a Maine prenup, the best practice is to treat it much like one would in any state with an eye toward fairness. Start early – begin discussions and drafts several months before the wedding date. Both parties should have their own attorneys; while Maine doesn’t force it, having independent legal advice is perhaps the strongest evidence of a voluntary and informed execution. Exchange complete financial information.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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