Download Maine Postnuptial Agreement Form [PDF]

Read this article and follow our step-by-step guide on how to create a valid and enforceable postnuptial agreement in Maine using our template.

Last update: 1 May 2024

Download Maine Postnuptial Agreement Form [PDF]

The Maine postnuptial agreement is a legal document that parties who are already in a marriage use to determine their rights and obligations in terms of their individual and marital property. Moreover, they can also use this document to precise how the property will be divided in case they get divorced.

The main difference between a postnuptial and prenuptial agreement lies in the moment that parties should sign it. With a prenup agreement, the parties sign the document before they enter the marriage, while with a postnup agreement, the spouses sign the document during their marriage.

The main benefit of having the postnuptial agreement form is that this document can prevent potential disputes between the parties by precisely outlining their rights and duties. It can also potentially save time and resources for the parties in case they initiate a divorce procedure.

Laws and Legal Requirements for a Postnuptial Agreement in Maine

The laws and legal requirements for a postnuptial agreement in Maine are outlined in the Maine state law as well as in the decisions made by the local courts. The court decisions are later used for determining the legality of other postnup agreements since they have established precedents over certain matters.

One of the significant court decisions regarding the legality of the postnuptial agreement in Maine is Thorne v. Leask (2004). It pointed out that “[m]arital settlement agreements are distinguished from contracts in general due to the heightened public interest of ensuring that the terms of the agreement are consistent with public policy.”

Signing Requirements for a Postnuptial Agreement in Maine

The state law requires both parties to sign the postnuptial agreement. Moreover, the postnuptial agreement must be in written form.

However, the state law doesn’t require the notarization of the postnuptial agreement form. Anyway, the parties should consider notarizing their agreement whenever possible since this additional step will confirm the authenticity of the document and prevent potential fraudulent activities.

The notary public will identify both parties to the agreement and confirm that they have signed the postnuptial agreement.

Postnuptial Agreement Enforcement in Maine

There are a few requirements that every Maine postnuptial agreement should meet in order to be considered enforceable.

Firstly, the postnuptial agreement should include a complete disclosure of each spouse's financial status, listing their assets and liabilities at the moment of signing the agreement.

Secondly, both parties to the agreement should sign the document willingly, without coercion or pressure.

Finally, the provisions of the postnup agreement should be fair for both parties. This means that each party should have enough time to become familiar with all the provisions of the agreement and be able to consult their legal advisor before signing the document.

What Can a Postnuptial Agreement in Maine Cover?

The postnuptial agreement in Maine can cover various aspects of the financial and non-financial relationship between the parties. However, the provisions of the postnuptial agreement template must all be in line with public policy and state law.

The matters that are most commonly regulated by the postnuptial agreement template include:

Provisions in a Postnuptial Agreement

  • Rights and responsibilities of each party in connection with their individual and marital property

  • Right to buy, sell, lease, transfer, mortgage, or manage the property acquired during the marriage

  • Rules on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event

  • Matters connected with spousal support, insurance, pension, and more

Postnuptial Agreement in Maine: Validity Criteria

First, state law's formality requirements have an impact on the validity of the postnuptial agreement. This means that the postnuptial agreement will be considered invalid if it’s not made in written form and signed by both parties.

Additionally, the validity of the postnup agreement is connected to the existence of marriage. This means that the document will be invalid if the parties are not married at the moment of signing it.

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