Maine
Maine Prenuptial Agreement Laws: Requirements and Enforceability
Independently fact-checked against primary sources (last audited October 8, 2026). · 11 primary sources cited on this page. How we verify our legal content
Prenuptial agreements are enforceable in Maine when they meet the Uniform Premarital Agreement Act, codified at 19-A M.R.S. §§ 601-611. Under § 603, the agreement must be in writing and signed by both parties, and § 608 lists the grounds on which a court will refuse to enforce it: an involuntary signature, or an unconscionable agreement combined with a lack of fair financial disclosure.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers premarital (prenuptial) agreements under Maine's Uniform Premarital Agreement Act, 19-A M.R.S. §§ 601-611, with Maine's property-division rule in § 953 and the separation rule in § 851(7). It does not cover Maine case law on premarital agreements, agreements first made during marriage, other states' law, or estate planning. For how property is divided in a Maine divorce, see Maine divorce laws.
Are prenups enforceable in Maine?
Yes, when they meet the statute. Maine adopted the Uniform Premarital Agreement Act as chapter 21 of Title 19-A. Section 601 states: "This chapter is known and may be cited as the 'Uniform Premarital Agreement Act.'"
The chapter has eleven sections, §§ 601 to 611. Section 606 is a Maine-specific provision for older agreements: an agreement executed before October 1, 1993 is void 18 months after the parties become parents or guardians of a minor, unless within that 18-month period they sign a written amendment stating that the agreement remains in effect or altering it. Section 606 does not apply to agreements executed on or after October 1, 1993.
This page does not cover which agreements, by signing date, the rest of chapter 21 governs beyond the 1993 line in § 606. If an agreement was signed decades ago, ask a Maine lawyer which rules apply to it.
What a Maine prenup needs to be valid
The formal requirements are short. Section 603 states:
"A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration."
Section 603 does not require the agreement to be notarized or witnessed. Under § 605, the agreement becomes effective upon marriage.
None of the eleven sections in chapter 21 requires each party to have a lawyer, and none sets a waiting period between signing and the wedding. That does not settle how a court weighs timing or the absence of counsel when a party claims they signed involuntarily; this page does not cover Maine case law on those questions.
When a Maine court will not enforce a prenup
Section 608(1) sets out the two grounds. The party who wants to avoid the agreement carries the burden of proving one of them.
| Ground | What the challenging party must prove | Statute |
|---|---|---|
| Involuntary signing | That they did not execute the agreement voluntarily | § 608(1)(A) |
| Unconscionability plus lack of disclosure | That the agreement was unconscionable when executed, AND that they were not given fair and reasonable disclosure, did not waive disclosure in writing, and did not have or reasonably could not have had adequate knowledge | § 608(1)(B) |
The second ground has several parts that must all be met. An agreement that seems one-sided is not unenforceable under § 608(1)(B) if the challenging party received fair disclosure or waived it in writing.
Under § 608(3), whether an agreement is unconscionable is decided by the court as a matter of law.
Spousal support waivers in Maine prenups
Under § 604(4), a premarital agreement may modify or eliminate spousal support. Section 608(2) adds a safety valve: if modifying or eliminating spousal support would leave a party eligible for public assistance at the time of separation or dissolution, the court may require support to the extent necessary to avoid that eligibility.
For how Maine courts set spousal support when there is no agreement, see Maine alimony laws.
What a Maine prenup cannot do
Section 604 protects children: "The right of a child to receive support may not be adversely affected by a premarital agreement."
This page does not cover whether a Maine premarital agreement can address parental rights and responsibilities for children; ask a Maine family lawyer.
Changing or revoking a prenup after the wedding
Under § 607, after marriage a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Section 610 addresses timing for claims under the agreement: a statute of limitations on those claims is tolled during the marriage. The equitable defenses of laches and estoppel remain available, so delay can still matter.
Postnuptial agreements in Maine
Chapter 21 deals with premarital agreements; § 607 covers amending or revoking one after the wedding, but no section in the chapter sets rules for an agreement first made during the marriage. This page does not cover how Maine courts treat postnuptial agreements.
One related statute: under § 851(7), an action for judicial separation does not invalidate a marriage settlement or contract between the spouses.
Maine property division without a prenup
Maine divides property by equitable distribution. Under § 953(1), in a divorce the court "shall set apart to each spouse the spouse's property and shall divide the marital property in proportions the court considers just after considering all relevant factors." A premarital agreement is how couples set their own terms in place of that default. For the full divorce rules, see Maine divorce laws.
Who drafts a Maine prenup
A lawyer licensed in Maine can draft or review premarital agreements. Chapter 21 does not require independent counsel, but the disclosure and voluntariness tests in § 608 turn on what each party knew and how the agreement was signed, which is where individual advice matters. This page is general information and does not provide sample terms or drafting guidance.
Disclaimer: This article provides general legal information about premarital agreements under Maine law (19-A M.R.S. §§ 601-611, with §§ 851(7) and 953), verified on 2026-10-08. It is not legal advice. For advice about your situation, consult a lawyer licensed in Maine.
Related
- Prenuptial agreement laws in every state
- Maine divorce laws
- Maine alimony laws
- Maine child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
Are prenuptial agreements legal in Maine?
Yes. Under Maine's Uniform Premarital Agreement Act, 19-A M.R.S. §§ 601-611, a premarital agreement must be in writing and signed by both parties (§ 603), and a court will not enforce it if the challenging party proves one of the grounds in § 608.
Does a prenup need to be notarized in Maine?
Section 603 requires only that the agreement be in writing and signed by both parties; it does not require notarization or witnesses.
Do both parties need a lawyer for a prenup in Maine?
Chapter 21 of Title 19-A does not require independent counsel. Courts still look at voluntariness and disclosure under § 608, so many people have their own Maine lawyer review the agreement.
How close to the wedding can you sign a prenup in Maine?
Maine's premarital agreement statute does not set a waiting period. A party who signs under pressure can still argue under § 608(1)(A) that they did not sign voluntarily.
Can a Maine prenup waive alimony?
Section 604(4) lets an agreement modify or eliminate spousal support, but § 608(2) lets a court order support anyway to the extent needed to keep a spouse from becoming eligible for public assistance.
Can a prenup limit child support in Maine?
No. Under 19-A M.R.S. § 604, the right of a child to receive support may not be adversely affected by a premarital agreement.
Can you change a prenup after marriage in Maine?
Yes. Under § 607, the spouses can amend or revoke it by a written agreement they both sign, and it is enforceable without consideration.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 2: MARRIED PERSONS, Chapter 21: UNIFORM PREMARITAL AGREEMENT ACT
§ 608EnforcementIn force
1. Not enforceable. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: A. That party did not execute the agreement voluntarily; or [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] B. The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (1) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (2) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (3) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 2. Support required.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 603FormalitiesIn force
A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 604ContentIn force
Parties to a premarital agreement may contract with respect to: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Rights and obligations of parties. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; 2. Right to buy, sell, use property. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property; 3. Disposition of property. The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event; 4. Spousal support. The modification or elimination of spousal support; 5. Making of will. The making of a will, trust or other arrangement to carry out the provisions of the agreement; 6. Death benefit. The ownership rights in and disposition of the death benefit from a life insurance policy; 7. Choice of law. The choice of law governing the construction of the agreement; and 8. Other matter.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 607Amendment; revocationIn force
After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 610Limitation of actionsIn force
A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. Equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
§ 601Short titleIn force
This chapter is known and may be cited as the "Uniform Premarital Agreement Act." [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
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Sources and References
- 19-A M.R.S. § 603, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 608, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 601, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 605, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 604, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 607, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 610, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 851, Maine Revised Statutes(legislature.maine.gov).gov
- 19-A M.R.S. § 953, Maine Revised Statutes(legislature.maine.gov).gov
- Maine Revised Statutes, Title 19-A (table of chapters)(legislature.maine.gov).gov
- 19-A M.R.S. § 606, Maine Revised Statutes(legislature.maine.gov).gov