By Jason M. Rice, Esq. | Dirigo Divorce | Springvale, Maine
Last Updated: June 2026 | 7-Minute Read
A prenuptial agreement — sometimes called a premarital agreement or simply a prenup — is one of the most practical and underutilized legal tools available to couples planning to marry. Despite their reputation, prenuptial agreements are not a sign of distrust or a prediction of divorce. They are a responsible, transparent way for two people to enter a marriage with a clear understanding of their financial rights and obligations.
This guide explains what prenuptial agreements can and cannot do in Maine, what makes them enforceable, and how to approach the process in a way that protects both partners.
What is a Prenuptial Agreement?
A prenuptial agreement is a legally binding contract entered into by two people before they marry. It sets out how certain financial matters will be handled during the marriage and in the event of a divorce.
In Maine, prenuptial agreements are governed by the Uniform Premarital Agreement Act, which provides a clear framework for what these agreements can cover and what requirements must be met for them to be enforceable.
What Can a Prenuptial Agreement Cover in Maine?
Maine law gives couples significant flexibility in what they can address in a prenuptial agreement. Common provisions include:
Property Rights
A prenup can specify which assets each spouse owns as separate property going into the marriage and ensure that those assets remain separate — not subject to division — in the event of a divorce. This is particularly important for:
- Business owners who want to protect their business interests
- People with significant real estate holdings or investment portfolios
- People who expect to receive an inheritance
- People with children from a prior relationship who want to protect assets for those children
Division of Property in Divorce
Rather than leaving property division to a court’s discretion under Maine’s equitable distribution framework, a prenup can specify in advance exactly how marital property will be divided if the marriage ends in divorce. This gives both parties certainty and control over an outcome that would otherwise be unpredictable.
Spousal Support
A prenuptial agreement can address whether spousal support — alimony — will be paid in the event of divorce, and if so, in what amount and for how long. It can also waive spousal support entirely if both parties agree to that arrangement.
Financial Responsibilities During the Marriage
Some couples use prenuptial agreements to address how finances will be managed during the marriage — for example, how expenses will be shared, whether joint or separate bank accounts will be maintained, or how specific debts will be handled.
What Cannot Be Included in a Maine Prenuptial Agreement?
Maine law places certain limits on what prenuptial agreements can address. Specifically, a prenup cannot:
- Determine child custody or child support in advance — courts retain the authority to make these decisions based on the best interests of the child at the time of divorce, and no agreement can strip the court of that authority
- Include terms that violate Maine public policy
- Waive rights that are not subject to private contract
Provisions that attempt to address child-related issues will not be enforced, even if the rest of the agreement is otherwise valid. If you have concerns about custody or child support, those are matters to address with an attorney in the context of a divorce proceeding — not a prenup.
What Makes a Prenuptial Agreement Enforceable in Maine?
Not every prenuptial agreement will be enforced by a Maine court. For a prenup to be valid and enforceable, several requirements must be met:
It Must Be in Writing
Oral prenuptial agreements are not enforceable in Maine. The agreement must be in writing and signed by both parties.
Both Parties Must Voluntarily Sign
The agreement must be entered into voluntarily by both parties. A prenup signed under duress, coercion, or undue pressure from the other party can be challenged and potentially voided. This is one reason why it is important to have your own independent attorney reviewing the agreement — it helps demonstrate that your participation was voluntary and informed.
Full Financial Disclosure
Both parties must make a fair and reasonable disclosure of their property, assets, and financial obligations before signing. A prenup based on incomplete or misleading financial information can be challenged on those grounds. Full, transparent disclosure protects both parties and strengthens the enforceability of the agreement.
The Terms Must Not Be Unconscionable
A Maine court can refuse to enforce a prenuptial agreement — or specific provisions within it — if it finds that the agreement was unconscionable at the time it was executed. This is a high legal bar, but it exists to protect parties from agreements that are grossly one-sided or fundamentally unfair.
Both Parties Should Have Independent Legal Counsel
While Maine law does not require each party to have their own attorney, having independent legal representation is strongly advisable. A prenuptial agreement where only one party had legal advice is more vulnerable to challenge. Having separate attorneys for each party demonstrates that both parties understood what they were agreeing to.
When Should You Consider a Prenuptial Agreement?
Prenuptial agreements are not just for wealthy couples. There are many situations where a prenup makes practical sense:
- You are a business owner and want to protect your business in the event of divorce
- You have significant assets, savings, or investments going into the marriage
- You have children from a prior relationship and want to protect their inheritance
- You are entering the marriage with significant debt and want to ensure your spouse is not responsible for it
- You expect to receive a substantial inheritance from your family
- You have been through a divorce before and want more certainty about financial outcomes
- You and your partner simply want transparency and clarity about finances from the start of your marriage
The best time to discuss a prenuptial agreement is well before the wedding — ideally several months in advance. Agreements signed under time pressure, very close to the wedding date, are more susceptible to challenge on the grounds of duress or lack of adequate time for review.
How to Approach the Prenup Conversation
One of the biggest barriers to prenuptial agreements is the conversation itself. Many couples feel awkward or uncomfortable raising the topic for fear of how it will be perceived.
Here is the reality: a prenuptial agreement is a financial planning tool, not a statement of distrust. Framing it that way — as a practical conversation about how you will handle your finances together — tends to go much better than treating it as a contingency plan for divorce.
Come to the conversation with openness, transparency, and a genuine commitment to an agreement that works for both of you. A prenup that one party feels was forced on them or is grossly unfair is not only potentially unenforceable — it is also not a good foundation for a marriage.
Frequently Asked Questions About Prenuptial Agreements in Maine
Can a prenuptial agreement be modified after we are married?
Yes. A prenuptial agreement can be modified or revoked after marriage through a written agreement signed by both spouses. Any modification must meet the same standards of voluntariness and disclosure as the original agreement.
Can we write our own prenuptial agreement without attorneys?
Technically yes — but it is strongly inadvisable. A poorly drafted prenuptial agreement may be unenforceable, leaving both parties without the protection they intended. More importantly, an agreement that lacks full financial disclosure or where one party did not have independent legal advice is significantly more vulnerable to challenge. The cost of having attorneys involved is modest compared to what is at stake.
Does a prenuptial agreement expire?
Maine law does not set a fixed expiration date for prenuptial agreements. However, an agreement that made sense at the time of marriage may become outdated or inappropriate as circumstances change over many years. It is worth revisiting your prenup periodically — particularly after major life changes like having children, receiving an inheritance, or significant changes in either spouse’s financial situation.
What is the difference between a prenuptial agreement and a postnuptial agreement?
A prenuptial agreement is entered into before the marriage. A postnuptial agreement — sometimes called a post-marital agreement — is entered into after the couple is already married. Both types of agreements can address similar financial issues. Postnuptial agreements are useful when couples did not have a prenup but later decide they want to clarify their financial rights and obligations.
Planning Your Future Together — Start With Clarity
A well-drafted prenuptial agreement protects both partners and creates a foundation of financial transparency for your marriage. At Dirigo Divorce, we help couples throughout Androscoggin County, Cumberland County, York County and southern Maine draft, review, and negotiate prenuptial agreements that are fair, enforceable, and tailored to their specific situation.
We serve clients throughout Androscoggin County, Cumberland County, York County and southern Maine, including Lewiston, Portland, Springvale, Sanford, Kennebunk, Biddeford, Saco, the Berwicks, Kittery and surrounding communities. We are also licensed in New Hampshire and serve clients across the Seacoast region.
Call us at (207) 200-3231 or visit dirigo-divorce.com to schedule your consultation today.