Easy Questions  
Free Legal Documents

Do I Need a Lawyer for a Prenuptial Agreement in Abbot, ME

Do I Need a Lawyer for a Prenuptial Agreement in Abbot, ME


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 1-2-Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 1-2-Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free ME Premarital Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
 
Personalize & Print a Free ME Power of Attorney Download this Document
Page 1
Page 2
Page 3
Page 4
Page 5
Related Legal Services near Abbot, ME
Kilbourn Sam
584 Main St
South Portland, ME 04106
(207) 773-9955
Attorneys, General Practice Attorneys
Smith Kristina J
269 Ocean St
South Portland, ME 04106
(207) 541-9420
Attorneys
Robbins Timothy E
269 Ocean St
South Portland, ME 04106
(207) 541-9410
Attorneys
Southern Maine Elder Law Ctr
7 Ocean St
South Portland, ME 04106
(207) 767-9130
Bankruptcy Law Attorneys,  Estate Planning Attorneys,  Attorneys,  General Practice Attorneys,  Crim
Raftice Jr Robert M
7 Ocean St
South Portland, ME 04106
(207) 767-9130
Attorneys, General Practice Attorneys
Perry Justin
492 Oak Woods Rd
North Berwick, ME 03906
(207) 676-8514
Attorneys
Notis Philip A
71 Ocean St
South Portland, ME 04106
(207) 799-8300
Attorneys
Shapiro & Morley LLP
707 Sable Oaks Dr # 250
South Portland, ME 04106
(207) 879-7900
Attorneys
Howard Linda
2 Gannett Dr
South Portland, ME 04106
(207) 822-7458
Attorneys
Mooers Daniel W
650 Main St # 209
South Portland, ME 04106
(207) 767-7444
Attorneys, Legal Service Plans
Innis Associates
6 D St
South Portland, ME 04106
(207) 767-7001
Attorneys
Johnson Margaret T
54 Pennsylvania Ave
South Portland, ME 04106
(207) 874-6970
Attorneys
Hewes Mark
269 Ocean St
South Portland, ME 04106
(207) 772-6781
Attorneys, Legal Service Plans
Carter Mark & Lori
106 Coach Rd
South Portland, ME 04106
(207) 879-6347
Attorneys
Morley Jr Leonard F
707 Sable Oaks Dr # 250
South Portland, ME 04106
(207) 775-6223
Attorneys
Lindemann Frances C
129 Elm St
South Portland, ME 04106
(207) 799-6000
Attorneys
Gregory B Brown Pa
129 Elm St
South Portland, ME 04106
(207) 767-6000
Attorneys
Hoffman Daniel
193 Pilgrim Rd
South Portland, ME 04106
(207) 253-5000
Attorneys
Leddy Christopher
7 Ocean St # 3
South Portland, ME 04106
(207) 767-4824
Attorneys, Legal Service Plans
Ainsworth Thomas G
7 Ocean St # 3
South Portland, ME 04106
(207) 767-4824
Attorneys
Gamache Jerome J
7 Ocean St # 3
South Portland, ME 04106
(207) 767-4824
Attorneys, General Practice Attorneys
Stearns David
7 Ocean St # 3
South Portland, ME 04106
(207) 767-4824
Attorneys, Legal Service Plans
Thelin Paul E ESQ
7 Ocean St
South Portland, ME 04106
(207) 767-4824
Attorneys
Turcotte John A
7 Ocean St # 3
South Portland, ME 04106
(207) 767-4824
Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US