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Prenuptial Agreement Form

You can click the following link to download the Prenuptial agreements that allow both spouses to arrange the financial terms and agreements in the case of a future divorce. This can be done before marriage to facilitate the process in case it became necessary.

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PRENUPTIAL AGREEMENT
     THIS AGREEMENT made this                 day of _____, 20___ by and between ____________
_______________ (husband) of _____________________________(address) and ___________  
___________________(wife) of _________________________________ (address).
WITNESSETH AS FOLLOWS:
     WHEREAS, a marriage is about to be solemnized between the parties in the State of 
Maine; and
     WHEREAS, the parties intend for this Agreement to become effective upon their 
marriage; and
     WHEREAS, the parties wish to determine the individual and joint property rights and  
liabilities that may result from said marriage; and 
     WHEREAS, each of the parties has been informed of his or her legal rights, has been given an  
adequate period of time to consider entering this Agreement prior to the contemplated marriage,  
and have been informed that they should consult counsel of his or her own choosing and receive  
independent legal advice with respect thereto before signing said Agreement; and
     WHEREAS, the parties have made full and complete disclosure of their assets and liabilities;  
and all assets have been accurately stated on Exhibits A and B attached hereto; and
     WHEREAS, the parties have read and understand this Agreement and execute this Agreement  
voluntarily and believe this Agreement to be fair and to represent their intentions with regard to  
any current or future assets and liabilities.
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NOW THEREFORE, in consideration of the marriage about to be solemnized between the  
parties, other valuable consideration and of the mutual covenants and Agreements herein  
contained, the parties do hereby agree as follows:
I. Acknowledgment of No Claim   
 This is a premarital Agreement.  ___________________(husband) acknowledges that no  
provision from the estate of _____________________(wife) is to be made for him in the  
event of any termination of the contemplated marriage except as provided herein. __________
____(wife) acknowledges that no provision from the estate of ________________(husband)  
is to be made for her in the event of any termination of the contemplated marriage.
      II.    Separate Property   
After the solemnization of the marriage between the parties, each of them shall separately  
retain all rights in his or her own property, whether now owned or hereafter acquired (other  
than any property which they may hereafter acquire as joint tenants with rights of  
survivorship), and each of them shall have the absolute and unrestricted right to dispose of  
such separate property, in whole or in part, free from any claim that may be made by the other  
by reason of their marriage and with the same effect as if no marriage had been solemnized  
between them.  The separate property will be free and clear of any claim of the other party,  
upon separation or otherwise, without regard to any time or effort invested during the course  
of the marriage in the maintenance, management, or improvement of the separate property.  
This shall include any personal property which shall remain the sole ownership of the  
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nameholder or the property owner as of the date of the marriage. 
      III. Waiver of Rights in Property and Estate of the Other   
   Each of the parties does hereby convey, waive and release unto the other the following:
(a) all rights which he or she may at any time have during the life or after the death of the  
other under the laws of the State of Maine or any other jurisdiction (including those  
jurisdictions not within the United States of America) by reason of the marriage between  
them with respect to any property, real, personal or mixed, of whatsoever kind or nature,  
now owned or hereafter acquired by the other, through gift, inheritance or by any other  
means;
(b) all rights which he or she may at any time have under the laws of any jurisdiction  
(including those jurisdictions not within the United States of America), in the estate of the  
other after the other’s decease, including, without limitation, the right to take an elective  
share, the share of an omitted spouse, a homestead allowance, an exempt property and  
family allowance, and all other rights conferred under Parts 2, 3 and 4 of Article 2 of Title  
18-A of the Revised Statutes of Maine of 1964, as amended to the date hereof or at any  
time hereafter, or under any successor statute, whether or not either party provides for the  
other under the terms of his or her Last Will and Testament;
(c) all rights of dower, courtesy or thirds which he or she may at any time have under the  
laws of any jurisdiction (including those jurisdictions not within the United States of  
America);
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(d) all rights to share in the property or estate of the other existing on the date hereof or  
arising at any time hereafter which are based on or arise out of marital status, including,  
without limitation, rights to “marital property” as defined in Section 953 of Title 19-A of  
said Revised Statutes of Maine, or in any version of the Uniform Marital Property Act,  
whether such rights shall arise by reason of intestacy, by operation of law, by contract  
between either party hereto and third persons or otherwise and whether or not such  
property or estate or any part thereof shall be subject to the jurisdiction of any court of  
probate;
(e) all rights of community property which either may at any time have in the property of  
the other under the laws of any jurisdiction ( including those jurisdictions not within the  
United States of America);
(f) all rights and claims to priority to act as executor, administrator, guardian, conservator  
or other personal representative of the other or the other’s estate under the laws of any  
jurisdiction (including those jurisdictions not within the United States of America),  
except to the extent appointed to any such office pursuant to the other’s Last Will and  
Testament, power of attorney or other appointive consensual document;
  IV.  Earnings During the Marriage  
All earnings of each party during the marriage shall be considered separate property of the    
   individual. Nothing in this Agreement shall be construed as relieving either party of an    
   obligation to support their minor children. 
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V. Contributions and Accumulation in Retirement Plans and Accounts   
All retirement plans in the name of the individual shall remain that separate property of the  
nameholder. All accumulations in and contributions to, whether before or during the  
marriage, shall remain the separate property of the party who owns the account or is the plan  
beneficiary. 
   VI.   Separate Obligations/Debts   
      All obligations and liabilities incurred by either party heretofore or hereafter without the 
      joinder of the other shall remain the separate obligations of the party who incurred them.  
Each party hereby agrees to indemnify the other against and hold the other harmless from any  
such obligation or liability.  In the event of the divorce of the parties, each party shall be fully  
responsible for his or her own separate debts and obligations, and each party shall be  
responsible for one half of any joint debts.
   VII.  Income Taxes  
       Each party shall satisfy any tax obligation related to their separate property. Nothing in this 
       Agreement shall prevent the parties from filing taxes jointly. The parties recognize and  
acknowledge that they may choose to file joint federal and state income tax returns, which  
returns may show ordinary income and capital gains from property owned and held as  
separate property of one party.  The parties agree that the mere filing of any such joint tax  
returns shall not convert separate property into marital property or property co-owned by the  
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parties and shall not give rise to a claim of equitable ownership by one party against the  
party having legal ownership.
   VIII.    Change of Circumstances  
Each party expressly recognizes and acknowledges that: (a) during the marriage of the  
parties, one party may experience improved financial circumstances as a result of the  
marriage or as a result of circumstances unrelated to the marriage; (b) one party may earn or  
receive income substantially greater than the other; (c) one party may have a substantially  
larger estate than the other; or (d) one or both parties may experience reduced earnings,  
reduced income or diminished earning capacity.  The parties agree that these possible  
changes in circumstances shall have no effect on this Agreement.
     
      IX.  Effect of Children   
The parties agree that if the parties shall become biological or adoptive parents or guardians  
of a minor, this Agreement shall remain in full force and effect without any change or  
modification of any nature with the exception of requirements to support such children. 
     X.  Shared Property
In the event of separation or divorce, the following types of property will be deemed  
shared:
A. Property acquired after execution of this Agreement that is held in the names of  
both parties and where the parties have manifested an intent for such property to  
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be shared and equitably divided;
B. Property in which the parties have a manifested Agreement that the property is  
shared, which shall be construed by signed documentation thereof. 
In the event a property cannot be easily construed as shared or separate, the property shall  
be deemed separate and the property shall remain that of the nameholder unless there is  
clear and convincing proof that the property was deemed shared.  
     
XI.  Wills/Codicils or Other Transfers of Property
Nothing in this document shall be considered a waiver of any bequest of devise that one  
party may choose to make the other party by way of a will or codicil or by way of any gift,  
grant, or conveyance from one party to the other. 
     XII.   Disclosure   
Each party has made a full and complete disclosure to the other of the property owned by  
him or her at the time of the execution of this Agreement by a written summary delivered to  
the other; copies of the summaries entitled Exhibit A for _________________(husband) as  
prepared by him, and Exhibit B for ____________________(wife) as prepared by her,  
respectively, having been exchanged between the parties.  Each party acknowledges that he  
or she has examined and understands the summary prepared by the other.
     XIII.   Fairness   
Each party has been given ample time to consider entering this Agreement prior to the  
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contemplated marriage and is competent to sign the Agreement.  Each party has been  
given opportunity to obtain counsel of his or her own choosing.  This Agreement has been  
entered into voluntarily and knowingly by each party and without undue influence, duress,  
fraud or overreaching on the part of either party.
     XIV.   Necessary Documents   
Each party shall upon the request of the other, or of any third party with an appropriate  
interest, execute, acknowledge and deliver any instruments appropriate or necessary to  
carry into effect the provisions and the intent of this Agreement.
     XV.   Governing Law   
This Agreement shall be governed by the interpreted according to the laws of the State of  
Maine, regardless of any domicile established by the parties hereto or either of them at any  
time.
     XVI.   Entire Understanding
This Agreement contains the entire understanding of the parties with respect to their rights  
and obligations between themselves and no representations or promises have been made by  
either to the other, except as stated and contained herein.  Nothing herein shall be construed  
to prevent or invalidate in whole or in part any voluntary transfer, whether inter vivos or  
testamentary, of any nature or description by a party of any interest in that party’s property  
to the other.  This Agreement may be amended only by an instrument in writing signed by  
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both parties in the presence of two witnesses and acknowledged by the parties.
      XVII.   Severability   
If any provision hereunder shall subsequently be deemed invalid or unenforceable, the  
remaining provisions shall remain in full force and effect.
      XVIII.   Duplicates   
The parties hereto may execute any number of copies of this instrument, each of which  
shall be deemed an original and may be used for any purpose without production of any  
other executed copy.
XIX.    Binding Effect   
This Agreement shall inure to the benefit of and shall be binding upon the parties hereto  
and their respective legal respective legal representatives, heirs, and assigns.
XX. Effective Date   
This Agreement shall become effective upon marriage of the parties. 
     
IN WITNESS WHEREOF,  the parties hereto have hereunto set their hands and seals this
           day of __________, 20____.
_______________________ ____________________________________
Witness      
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_______________________ ____________________________________
Witness         
STATE OF MAINE
________________, SS.
__________________,  20___
     Personally appeared the above named __________________ and made oath that the foregoing  
Premarital Agreement was signed by him as his own free act and deed.
Before me,
______________________________                         
     Notary Public/Attorney-at-Law
                                                                             My commission expires:
STATE OF MAINE
________________, SS.
__________________, 20___
     Personally appeared the above named ___________________ and made oath that the  
foregoing Premarital Agreement was signed by her as her own free act and deed.
Before me,
______________________________                         
      Notary Public/Attorney-at-Law
      My commission expires: 
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