Maine Uniform Premarital Agreement Act

In 2012, the Uniform Law Commission enacted the Uniformity and Revision Act of the Union of Human Rights and Human Rights Act (UPMAA), which established procedural and material safeguards for marital agreements to bring them into line with safeguards for pre-marital agreements. [2] The Maine Act of Section 608, paragraph 1, provides that a pre-marital agreement is not enforceable if the party against whom the execution is sought proves: 1) that it did not voluntarily execute the agreement, or 2) that the agreement is unacceptable and that it was not aware of the „heritage or financial obligations of the other party“ as well as through disclosure. , prior knowledge or by voluntarily and explicitly renouncing the right to knowledge. Therefore, an unacceptable pre-marriage contract is outside of what the law defines as „unenforceable“ if it is signed voluntarily and if the party against whom it is applied knows or forgos the assets of the other party. The legal language is very important for volunteering, so my advice to all clients is that each part of a pre-marital contract must have its own advice and that it must be time for each client to review the agreement with his own advisor before signing. K. Uniform interstate construction. The intent of the uniform law is to „standardize the law . . .

. Among the states that adopt it.┬á19-A M.R.S.A. 611. Thus, the law of other states under the Uniform Premarital Agreement Act in Maine seems very persuasive. 2. Spouse assistance and public benefits. In addition, Section 608, which is still under the title „Enforcement,“ mentions the most important part of the premarital uniform agreement for older lawyers. Section 608, subsection 2, provides that pre-trial agreements are ineffective in removing spocary assistance to eliminate „the right of a party to receive assistance under a public support program at the time of marriage separation or dissolution.“ Maine follows the Premarital Agreement Act, drafted in 1983 by the National Conference of State Uniform Commissioners, and this act encourages the application of marriage contracts. Under this law, marital agreements must be: D. Object authorized. In section 604 of the Maine Act, eight numbered paragraphs list specific themes that can be addressed in a pre-marriage contract, such as the divorce property order and the establishment of a will. However, the eighth paragraph significantly reduces the power of the listed list of authorized content by adding: „Any other matter, including its personal rights and obligations, is not contrary to public order or a law that imposes a criminal sanction.“ Paragraph 8 therefore raises the question of why authorized content is permitted when content that is not contrary to public policy is permitted.

The previous seven paragraphs therefore serve as examples of authorized content, but their language does not significantly expand the scope of what is allowed in a pre-marriage contract. Finally, the most important aspect of Section 604 is the last unnumerated paragraph which provides for the prohibition of content, according to which „the right of a child to be supported by a pre-marital agreement must not be compromised.“ Thus, section 604 of the Maine Act, the content of the section, provides an ambiguous design logic, but, in sum, says that a premarital maine agreement may have any subject between spouses who do not oppose public order, except reductions in child custody.

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