Prenuptial Agreement Template - Maine

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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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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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