If you make a promise or agreement as part of the agreement, you must be able to stick to it. If you do not respect your part of the agreement, the court may interpret it as fraud. The court will determine if you made these noble promises to force your spouse to sign the agreement. At the same time, people with a business, retirement accounts, or other assets want a prenuptial agreement to protect those assets. If you have children from a previous marriage, a prenup will also help protect those children`s inheritance. Finally, some couples may want to avoid future litigation by deciding in advance how their property will be divided in the event of a divorce. Marriage contracts are always important, especially if you don`t combine your assets with your partner. A marriage contract protects not only your rights and property, but also those of your partner. If you`re considering a prenup contract, it may be helpful to speak to Susan M.
Schultz, contract attorney at Portland ME Prenup. Within our firm, we strive to provide high quality legal representation in order to provide you with the best possible solution to your family business. If you would like to make an appointment with Schultz, a divorce and prenup lawyer, please call us at (207) 210-6555. Typically, a prenuptial agreement deals with the financial aspects of a marriage and includes provisions on finances if the couple is to divorce or if a spouse is to die. These agreements take effect after the marriage. We can also help you enforce an agreement if you file for divorce. Contact us today by phone at (207) 618-6220 or directly online to learn more about our services and get case advice. At The Maine Divorce Group, we can represent you in the drafting and signing of such an agreement. If you and your partner decide to enter into a prenuptial agreement in Maine before you get married, be aware that this decision comes with important legal considerations.
The basis of a well-established marriage contract should address issues that would arise only in the case of legal separation or divorce, in particular in the case of a State-specific marriage regime that could have an impact on that phenomenon in the case of marriage. It should include the transfer of property as well as property rights to both parties. Whether you come from a wealthy background or not, a marriage contract is a good idea. A marriage contract can protect property in the event of divorce. Avoid these common mistakes to make sure your prenuptial agreement fully protects your rights and those of your partner. Title 19-A of the State Code regulates various matters relating to internal relations. It also includes a detailed description of what the Maine Prenuptial Agreement form should look like and what information it should contain. It is strongly advised to consult a lawyer before signing a prenuptial agreement. Another advantage of a prenuptial arrangement is that it can delineate marital ownership of separate property in an approach that the couple understands and accepts. Under Maine law, couples can hold “matrimonial property” that is divided among themselves at the time of divorce and “separated property” that is not divided and remains the property of the original owner/spouse.
Although all States have rules that define what constitutes separate and matrimonial property, these rules can be very different. Even within New England, there are big differences, and the laws of one state can yield very different results than those of a neighboring state. Therefore, it can be very beneficial to use a prenuptial agreement to recall a couple`s agreement on what constitutes separated and matrimonial property, so that there are no surprises, regardless of where they may live at the time of divorce. When couples get married and move, it becomes more critical. Post-uptial contracts are also available for spouses who wish to enter into an agreement after marriage. However, prenuptial arrangements are preferable to marriage contracts in the eyes of a court, and so we encourage people to consider them before marriage. Many couples struggle with the idea of a marriage contract, and that`s understandable. Prenuptial agreements are often seen as an indicator that the partner requesting the agreement is not as attached to the relationship and ultimately expects a divorce.
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