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Prenuptial & Postnuptial Agreements

The Maine Divorce Group > Divorce > Prenuptial & Postnuptial Agreements

Our Maine Divorce Lawyer Can Help With Premarital/Prenuptial & Postnuptial Agreements

Sadly, marriage is not always what you think it will turn out to be. Only about half of American marriages are successful and do not end in divorce. Realizing this, many couples headed down the aisle decide to create and sign a prenuptial agreement. This type of agreement can be beneficial to both spouses if their journey ends in a divorce court. However, prenuptial agreements must meet specific standards to be valid. If you and your future spouse want to draft what is also known as a premarital agreement or you have one that needs to be enforced, reach out to The Maine Divorce Group for assistance.

Prenuptial Agreements Defined

A prenuptial agreement is a legally-binding contract signed by each future spouse before the legal marriage takes place. This contract details a mutual agreement between both individuals. It should detail the assets and debts of each spouse. Assets can include investment or retirement accounts, real estate, jewelry, art, and other belongings or financial accounts. The agreement also contains a plan for the assets and debts that will be executed if the marriage ends in a divorce. 

Valid prenuptial agreements will determine what happens with assets and debts in a divorce unless both spouses agree to deviate from that agreement. Without a valid prenuptial agreement, couples going through a divorce will either need to negotiate and settle their disputes with the help of a Maine family law attorney or leave the decisions up to a judge. 

What Can Invalidate a Prenuptial Agreement?

Not all prenuptial agreements are valid and enforceable. The most common reasons they are invalid are:

  • Unconscionability—The agreement is blatantly unfair to one party. 
  • Failure to disclose—In a divorce, asset division and alimony are dependent on how much your spouse makes and their wealth. If they hide or simply do not tell you about assets they have at the time the prenuptial agreement is signed, you can contest the validity of the agreement. You agreed without knowing all the facts.
  • Duress or Coercion—Both parties should have enough time to review the terms of a prenuptial agreement before signing it. Each should sign under their free will and not through duress or coercion. Both parties should also have their interests represented by a Maine family law attorney.

If you are facing a divorce and believe that your prenuptial agreement is invalid for any reason, it is imperative that you contact an attorney as soon as possible to discuss your legal options and rights.

Do You Need Help from a Prenuptial and Postnuptial Agreement Attorney? Call The Maine Divorce Group Today

Whether you are preparing for marriage or preparing to leave a marriage, you need the assistance of an experienced Maine family law attorney. At The Maine Divorce Group, we can represent you during the drafting and signing of such an agreement. We can also help enforce an agreement if you are pursuing a divorce. Contact us today to find out more about our services and to receive a case consultation.

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