Everything engaged couples need to know about making a prenuptial agreement valid and enforceable in Maine — written in plain English, reviewed by attorney James Sexton, Esq.
Yes — prenuptial agreements are legal and fully enforceable in Maine.
Maine adopted the Uniform Premarital Agreement Act (UPAA), codified at 19-A M.R.S. §§ 601–611. Under § 603, a premarital agreement must be in writing and signed by both parties, and it is enforceable without consideration — no exchange of value is needed beyond the marriage itself. The agreement becomes effective when the couple marries. Once properly executed, a Maine prenup is a binding contract, provided it was signed voluntarily and rests on fair financial disclosure.
A Maine prenup is enforceable when it is in writing, signed voluntarily by both parties, and backed by fair and reasonable disclosure of each person's finances.
Under 19-A M.R.S. § 603, the agreement must be a written document signed by both parties. Oral prenuptial agreements are not enforceable in Maine.
Both parties must sign free of duress, coercion, or undue influence. Signing well before the wedding is the simplest way to defeat a later claim of last-minute pressure.
A Maine prenup is unenforceable if it was unconscionable when signed AND the challenging party was not given fair and reasonable disclosure, did not waive disclosure in writing, and had no adequate knowledge of the other's finances.
Maine does not require each party to have a lawyer, but independent review for each side makes the agreement significantly harder to challenge later.
| Governing statute | Uniform Premarital Agreement Act — 19-A M.R.S. §§ 601–611 |
|---|---|
| Property division | Equitable distribution |
| Notarization | Recommended (not required by statute) |
| Waiting period | None required — but sign well before the wedding |
| Spousal support | Can be modified or waived — unless the waiver forces a spouse onto public assistance |
See how Maine's signing formalities compare in our prenup notarization requirements by state guide.
Maine courts set aside prenups only when the challenger proves the agreement was signed involuntarily, or that it was unconscionable when signed and made without fair financial disclosure.
Under 19-A M.R.S. § 608, the burden sits on the spouse attacking the agreement — a properly executed Maine prenup is presumed to stand. There is one built-in safety valve: if a spousal-support waiver would leave a spouse eligible for public assistance at the time of separation or divorce, the court may order support to the extent necessary to avoid that. Full disclosure, an unrushed signing, and reasonable terms are what keep a Maine prenup enforceable.
Trusted Prenup creates a state-specific Maine prenuptial agreement online — built to meet the requirements above and designed by James Sexton, Esq. A traditional attorney typically costs $2,500–$10,000; this is a flat $599.
A guided questionnaire captures your assets, debts, and wishes — most couples finish in under 90 minutes.
We assemble a complete prenup built to meet your state's exact legal requirements.
Review with your partner, then sign online with notarization handled for you.
A traditional attorney-drafted prenup in Maine typically costs $1,500–$5,000 or more. Trusted Prenup creates a state-specific Maine prenup online for a flat $599, with optional add-ons for notarization and attorney review.
No — 19-A M.R.S. § 603 only requires a written agreement signed by both parties. Notarization is still strongly recommended to prove authenticity, and it's available as an add-on.
Yes, but the challenger carries the burden. They must prove the agreement was signed involuntarily, or that it was unconscionable when signed and made without fair disclosure, a written waiver of disclosure, or adequate knowledge of the other's finances.
No. Maine is an equitable-distribution state, meaning courts divide marital property fairly rather than automatically 50/50. A prenup lets you decide the division yourselves instead of leaving it to a judge.
Yes — Maine's UPAA expressly allows couples to modify or eliminate spousal support. The one limit: if enforcing the waiver would make a spouse eligible for public assistance, a court can order support to the extent necessary to prevent that.
It takes effect automatically when you marry. After the wedding, it can be amended or revoked only by a written agreement signed by both spouses — which, like the original, is enforceable without consideration.
Yes — Maine enforces properly executed prenuptial agreements regardless of how they were drafted. What matters is execution: a written agreement, voluntary signatures, full financial disclosure, and Maine's signing formalities. The full picture is in are online prenups legally binding.
Trusted Prenup is not a law firm and does not provide legal advice. This guide is general information about Maine law and not a substitute for advice from a licensed attorney about your situation.