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Maine Postnuptial Agreement

A Maine postnuptial agreement establishes how a married couple's property will be distributed if the marriage ends in divorce or death. Postnuptial agreements are different from prenuptial agreements, which are signed before marriage.
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Signing Requirements

No statute or court cases, but it is recommended that agreements be in writing, that both parties sign the agreement, and that the agreement be notarized.

Laws

Marital Property: In divorce proceedings, courts will divide marital property in a way the judge considers fair. Marital property includes all property acquired by either spouse during the marriage, with some exceptions, including property excluded by a valid agreement.[1]

Settlement Agreements: Maine permits postnuptial agreements between spouses created when planning to get divorced.[2]

Scrutiny: Marital settlement agreements are interpreted like other contracts but face additional scrutiny because of the heightened public interest in ensuring that the terms of the agreement are consistent with public policy.[3]