ME-DO -2A
INSTRUCTIONS
When should this form be used?
This form should be used when the parties desire to enter into a Marital P roperty Agreement to
be effective immediately. This form is for married persons with no c hildren with joint property
or debts. This form is for the State of Maine.
This form should be completed on your computer, typed or printed in black ink. Both parties
must sign the Agreement and have their signatures witnessed by a notary public. You may
desire to print and sign duplicate originals so that both parties will hav e a signed original of the
document.
Transfers of Title to Property
This form may not be sufficient to transfer title to property such as re al estate, automobiles and
other property to be divided. These transfers must be done by a deed, bill of s ale, title or other
instruction before the ownership is final.
Opportunity to Consult with Attorney
This Agreement provides that you were given an opportunity to consult with a n attorney of your
choice prior to execution of the Agreement.
Divorce Proceeding
This form provides that the parties intend to be bound by this Agreement as a contract between
the parties regardless of whether a divorce action is filed. Certain c onduct may invalidate the
Agreement such as cohabitation and sexual relations with each other afte r signing the
Agreement. If a divorce action is filed, the Court may or may not be bou nd by all provisions
contained in the Agreement. For example, Courts generally have the final say about child
custody, child support, alimony and other like matters.
Husband Initials:___________ Wife Initials: ___________
MARITAL PROPERTY AGREEMENT
WITH NO DEPENDENT OR MINOR CHILD(REN)
NOTICE: THIS IS AN IMPORTANT LEGAL AGREEMENT AND HAS
SUBSTANTIAL LEGAL CONSEQUENCES ON YOU, YOUR RIGHTS AND
OBLIGATIONS. YOU ARE ADVISED TO CONSULT AN ATTORNEY FOR
INDEPENDENT LEGAL ADVICE PRIOR TO EXECUTION OF THIS AGREEMENT.
STATE OF MAINE
COUNTY OF _________________
WHEREAS, ____________________________________ (full legal name), hereinafter
referred to as "Wife", and _________________________________ (full legal name),
hereinafter referred to as "Husband", are now married, having been married on the _____
day of ____________, _______, in ______________ County, _________________; and
WHEREAS, the parties were separated on or about the _______ day of
_______________, 20___, while residing in _______________ County,
_________________, and since that date have been living separate and apart; and
WHEREAS, there have arisen between the parties irreconcilable differences which have
resulted in the irremediable breakdown of the marriage and there is no chance of staying
together. The parties make this Agreement to settle once and for all that the parties owe
to each other and what the parties can expect to receive from each other; and
WHEREAS, the parties desire to make a mutually acceptable settle ment of their rights,
liabilities, obligations and property rights arising out of and during the cours e of their
marital relationship. No reconciliation is contemplated; and
WHEREAS, the parties agree to execute and exchange any papers that mig ht be needed
to complete this Agreement, including deeds, title certificates, bills of sale, e tc.; and
Husband Initials:___________ Wife Initials: ___________ WHEREAS, the parties intend that this Agreement shall be binding on them
from and
after the date and time of execution, if permitted, and that this agree ment may be
incorporated into a final judgment of divorce at some future time.
NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits and
advantages accruing to each party, the undersigned do hereby solemnly covenant , agree
and contract as set forth above and below and being sworn, certify that the all statements
contained herein are true and correct:
SECTION 1.
SEPARATION; RELINQUISHMENT OF MARITAL RIGHTS
The parties shall continue to live separate and apart, free from interf erence, authority and
control by the other, as if each were sole and unmarried, and each may conduct, carry on
and engage in any employment, business or trade which each shall seem a dvisable for
their sole and separate use and benefit, without, and free from any control, res traint or
interference by the other party in all respects as if each were unmarri ed. Neither of the
parties shall molest or annoy the other or seek to compel the other to cohabit or dwell
wi th the other by any proceedings for restoration of conjugal rights or otherwise, or exe rt
or demand any right to reside in the home of the other, if any.
SECTION 2.
FINANCIAL DISCLOSURES
By execution of this instrument, each party warrants and represents to the othe r party
that he or she has fully disclosed their financial status, including the ir assets and
liabilities of all types and agree that the terms of this Agree ment are fair, just, and
equitable after consideration of the financial status of the parties.
Husband Initials:___________ Wife Initials: ___________ SECTION 3.
ASSETS
A. In General . Husband and Wife are in possession of all personal property
belonging to each, and neither makes any claim to any personal property in the
possession of the other except as otherwise stated in this Agreement. The parties
agree to divide their assets (everything they own and that is owed to parties) as
provided below. Any personal item(s) not listed below is the property of the
party currently in possession of the item(s). Each party shall retain as his or her
own all of their personal clothing, jewelry and effects.
B. Wife shall receive as her own and Husband shall have no further rights or
responsibilities regarding these assets:
ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not ne ed to list account
numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s,
husband’s, or both.)
Current Fair Market Value
Cash (on hand) $
Cash (in banks/credit unions)
Stocks/Bonds
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
(Other)
Business interests
Automobiles
Boats
Other vehicles
Husband Initials:___________ Wife Initials: ___________
ASSETS: DESCRIPTION OF ITEM(S) WIFE SHALL RECEIVE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account
numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s,
husband’s, or both.)
Current Fair Market Value
$
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)
$
Furniture & furnishings in home
Furniture & furnishings elsewhere
Collectibles
Jewelry
Life insurance (cash surrender value)
Sporting and entertainment (T.V., stereo, etc.) equipment
Other assets
Total Assets to Wife
$
C. Husband shall receive as his own and Wife shall have no further rights or
responsibilities regarding these assets:
ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not ne ed to list account
numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s,
husband’s or both.)
Current Fair
Market Value
Cash (on hand)
$
Cash (in banks/credit unions)
Husband Initials:___________ Wife Initials: ___________
ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account
numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s,
husband’s or both.)
Current Fair
Market Value
Stocks/Bonds
$
$
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
(Other)
Business interests
Automobiles
Boats
Other vehicles
Retirement plans (Profit Sharing, Pension, IRA, 401(k)s, etc.)
Furniture & furnishings in h ome
Furniture & furnishings elsewhere
Collectibles
Jewelry
Life insurance (cash surrender value)
Sporting and entertainment (T.V., stereo, etc.) equipment
Husband Initials:___________ Wife Initials: ___________
ASSETS: DESCRIPTION OF ITEM(S) HUSBAND SHALL RECEIVE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list account
numbers. Where applicable, include whether the name on any title/deed/account described below is wife’s,
husband’s or both.)
Current Fair
Market Value
Other assets $
$
Total Assets to Husband
$
D. Contingent Assets and Liabilities shall be divided as follows:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
E. Additional Retirement Account Provisions. The parties represent that all
retirement and pension types of accounts have been disclosed and agree to t he
following division of same:
Retirement Accounts Person to Receive Current Fair
Market Value
Husband Accounts: $ $
Wife Accounts:
$ $
F. Additional Life Insurance Provisions. The parties agree in reference to their
respective life insurance policies the following (indicate policies, owner,
beneficiary): _______________________________________________________
__________________________________________________________________
__________________________________________________________________
Husband Initials:___________ Wife Initials: ___________ __________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
G. Additional Household Furnishing and Effects Provisions. (Select as
appropriate)
The household furnishings and effects of the parties have been mutually
divided by the parties and neither makes claim to any such property in the
possession of the other except as provided above.
Wife agrees that the Husband shall retain all of the household furnishings and
effects presently located on the premises at
________________________________________, excepting those items already
removed by the Wife, or to be removed, with the Husband’s permission, except as
listed and provided above.
Husband agrees that the Wife shall retain all of the household furnishings and
effects presently located on the premises at
_________________________________________, excepting those items alread y
removed by the Husband, or to be removed, with the Wife's permission, and
except listed and provided above.
H. Additional Marital Home Provisions.
The marital home of the parties shall be: i) Occupied by ( ) Husband ( ) Wife.
ii) Titled in the name of ( ) Husband ( ) Wife.
The expenses of the marital home are and shall be paid as follows: i) ( ) Wife ( ) Husband shall pay the mortgage payments. Thi s
obligation terminates ___________________________________.
ii) ( ) Wife ( ) Husband shall pay the utilities and other expenses
in connection with the upkeep and maintenance of the home. This
obligation terminates ____________________________________.
Husband Initials:___________ Wife Initials: ___________ iii)
( ) Wife ( ) Husband shall pay all taxes, insurance and
assessments. This obligation terminates ___________________
_____________________________________________________.
I. Additional Provisions or explanations: _________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
SECTION 4.
DEBTS, LIABILITIES AND EXPENSES
A. Except as otherwise provided herein each party agrees to pay their respecti ve
individual debts.
B. Division of Liabilities/Debts. The parties divide their liabilities (everything they
owe) as follows:
Wife shall pay as her own the following and will not at any time ask Husband to pay
these debts/bills:
LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not ne ed to list
account numbers. Where applicable, include whether the name on any mortgage, note, or account
described below is wife’s, husband’s, or both.)
Monthly
Payment
Current
Amount Owed
Mortgages on real estate: (Home)
$ $
(Other)
Charge/credit card accounts
Auto loan
Auto loan
Bank/credit unio n loans
Husband Initials:___________ Wife Initials: ___________
LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY WIFE
(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list
account numbers. Where applicable, include whether the name on any mortgage, note, or account
described below is wife’s, husband’s, or both.)
Monthly
Payment
Current
Amount Owed
$ $
Money you owe (not evidenced by a note)
$ $
Judgments
Other
Total Debts to Be Paid by Wife
$
$
C. Husband shall pay as his own the following and will not at any time ask Wife to
pay these debts/bills:
LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND
(To avoid confusion at a later date, describe each item as clearly as possible. You do not ne ed to list
account numbers. Where applicable, include whether the name on any mortgage, note or account
described below is wife’s, husband’s, or both.)
Monthly
Payment
Current
Amount Owed
Mortgages on real estate: (Home)
$ $
(Other)
Charge/credit card accounts
Auto loan
Auto loan
Bank/credit union loans
Husband Initials:___________ Wife Initials: ___________
LIABILITIES: DESCRIPTION OF DEBT(S) TO BE PAID BY HUSBAND
(To avoid confusion at a later date, describe each item as clearly as possible. You do not need to list
account numbers. Where applicable, include whether the name on any mortgage, note or account
described below is wife’s, husband’s, or both.)
Monthly
Payment
Current
Amount Owed
Money you owe (not evidenced by a note)
$ $
$ $
Judgments
Other
Total Debts to Be Paid by Husband
$
$
SECTION 5.
FUTURE EARNINGS AND ACQUISITIONS
All income, earnings, or other property received or acquired by either party to t his
Agreement on or after the date of execution of this Agreement shall be the sole and
separate property of the receiving or acquiring party. Each party, as of the effective date
of this Agreement, does hereby and forever waive, release, and relinquish a ll right, title,
and interest in all such income, earnings and other property except as necess ary to collect
any sums due hereunder in the event of default.
SECTION 6.
SPOUSAL SUPPORT (ALIMONY)
[ one only]
_________ 1. In consideration of the provisions contained herein for the respective
benefits of the parties and other good and valuable considerations, the parties hereto
mutually waive any and all claim or right to temporary or permanent ali mony,
maintenance or support, whether past, present or future. Thus, each of the parties
forever give up any right to spousal support (alimony) that they may have from th e
other.
Husband Initials:___________ Wife Initials: ___________
__________ 2. ( ) Husband ( ) Wife agrees to pay spousal support (alimony) in the
amount of $ ___________ every ( ) week ( ) other week ( ) month, beginning __________________
{date} and continuing until ______________________________
{date or event}.
Explain type of alimony (temporary, permanent, rehabilitative, and/or lump sum) and any
other specifics:
[ if applies]
( ) Life insurance in the amount of $ to secure the above support, will be
provided by the obligor.
SECTION 7.
MUTUAL INDEMNITY
The parties agree in regard to the payment of debts and other liabilitie s as stated in this
Agreement that each shall indemnify and hold harmless the other for the pa yment of
same.
SECTION 8.
INCOME TAXES
With respect to any earlier year in which the parties filed joint Fe deral and State Income
Tax Returns, each party agrees to indemnify the other for any income tax li ability,
penalty or deficiency associated with his or her income and shall hold the other party
harmless therefor.
The parties shall file separately for the year _______ and each year thereafter.
( ) Husband ( ) Wife shall be ( ) allowed ( ) not allowed to claim the alimony paid
hereunder as a deduction for income tax purposes.
The parties acknowledge that they have been advised that there may be certain tax
consequences pertaining to this Agreement and have been directed and advised to obta in
Husband Initials:___________ Wife Initials: ___________ independent tax advice from qualified tax accountants or tax counsel prior to si
gning
this Agreement, and that each party has had an opportunity to do so.
SECTION 9.
ADDITIONAL OR FURTHER DOCUMENTS; COOPERATION
Each party agrees that he or she will sign and execute any further or additional
documents as may be necessary to put into effect the intended purposes hereof. Each
party shall execute, acknowledge and deliver to the other party any and all instruments
and assurances that the other party may reasonably require or find convenient, expedient,
or businesslike for the purpose of giving full force and effect to the provisions of this
Agreement, specifically including any deeds, affidavits, tax forms or other instrument s
required of one party to the other in order to pass good or merchantable title to any
property owned by either party during the marital relationship. Based on the division of
property as set out above, the additional documents required include, but are not limited
to the following: (List)
i) ________________________________________________________________
ii) _______________________________________________________________
iii) ______________________________________________________________
iv) ______________________________________________________________
SECTION 10. DIVORCE
It is agreed and understood that this Agreement finally settles all rights of the parties and
the property jointly or individually owned by the parties, and that this Agreement, and the
enforceability thereof, is not contingent upon either party or both parties being granted a
divorce on any grounds. However, if either or both parties are granted a divorce on any
grounds, the parties agree that this Agreement shall be made a part the reof and that such
decree or judgment shall not conflict with the terms hereof except to the extent
disapproved by the Court. In the event that the law governing this Agreeme nt prohibits
this Agreement from being effective until a divorce action has been filed, or a Judgment
of Divorce entered, then the parties agree that such event shall be the effective date of
this Agreement. In the event a divorce action or judgment is required prior to this
Husband Initials:___________ Wife Initials: ___________ Agreement becoming effective, or in the event that a divorce action
is desired by one or
more of the parties, both parties agree and sign and execute all pleading and papers
required to obtain a divorce and jointly request and consent to the immediate submission
of this Agreement to the applicable Court and to an entry of a judgment by incorporation
of this Agreement into the final decree or judgment of divorce.
SECTION 11.
MODIFICATION
This Agreement shall stop and preclude either party from making other or furthe r
demands and claims upon the other, not included herein, except that such legal a ction
may be taken by either party as is necessary to enforce or modify the terms and
provisions hereof, except that the Property Settlement provision shall not be subject to
modification. SECTION 12.
ABSENCE OF DURESS OR UNDUE INFLUENCE
The parties agree and state that each has freely and voluntarily ent ered into this
Agreement. This Agreement was executed free of any duress, coercion, coll usion, or
undue influence. In some instances, the Agreement represents a compromise of
disputed issues; however, both parties believe that its terms and conditi ons are fair
and reasonable.
SECTION 13.
RELEASE, WAIVER, BINDING EFFECT, AND ESTATES
Except as otherwise provided for in this Agreement, each party shall be dive sted of and
each party waives, renounces and gives up all right, title and interest in and to the
property awarded to the other. All property and money received and retained by the
parties shall be the separate property of the respective party, except a s is specifically
stated herein.
Except for those rights and obligations contained in this Agreement, or arising therefrom
Husband Initials:___________ Wife Initials: ___________ by operation of law, both parties do hereby release and forever discharge the
other party
from all actions, causes of actions, claims and demands whatsoever, known and
unknown, suspected and unsuspected, apparent now or hereafter. It is the specific
agreement and purpose of this paragraph to release and discharge any and all claims and
causes of actions of any kind or nature whatsoever whether specifically mentioned or
not, which may exist or might be claimed to exist at or prior to the date of this
Agreement; and, both parties specifically waive any claim or right to assert that any
cause of action or alleged cause of action or claim or demand has been, t hrough
oversight or error or intentionally or unintentionally, omitted from this release and
agreement.
The parties shall refrain from, release and relinquish any and all claim s that he or she
may have had, may now have, or may hereafter acquire to share in any capa city or to
any extent whatsoever, in the estate of the other, whether by way of st atutory allowance,
heirship, homestead rights, or election to take agai nst or under the other party’s Last
Will and Testament. It is the intent of the parties that neither s hall be a beneficiary or
recipient of property of the other by Will or intestate succession from and after the date
of this Agreement and expressly waive and reliquinsh any such right regardl ess of
whether the Will of the other has been changed to delete the gift to he r or him and
regardless of whether one party shall die prior to the entry of a final judg ment of
divorce.
SECTION 14.
ENFORCEMENT
This Agreement may be enforced by actions and proceedings for Contempt of Court, or
attachment and garnishment, for specific performance, or any other remedy legally
available to either Husband or Wife, for the enforcement of the provisions and covenants
of this Agreement.
SECTION 15.
BANKRUPTCY
To the extent of any obligation contained herein is discharged in bankruptcy and the non -
bankrupt party is held liable for said debt, the non-bankrupt party shall have the right to
Husband Initials:___________ Wife Initials: ___________ petition a court of competent jurisdiction for spousal support in an amount suffic
ient to
cover any amounts so discharged.
SECTION 16.
ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the partie s and each party
acknowledges that there are no further agreements not expressly included herei n and that
this Agreement may be modified, altered, or amended only in writing, duly s igned and
notarized by each in the form of this original.
SECTION 17.
FULLY READ AND UNDERSTAND; INFORMED CONSENT
Each party represents and acknowledges that he or she has fully read this Agreement,
consulted with each other, carefully considered same, and have signed and executed same
after such consultation, that the signing of this Agreement is free a nd voluntary without
force or collusion by either party or any third party, and that each party signe d same with
the full knowledge of said party's rights, obligations, and responsibilities. Each party
agrees that they have had a reasonable opportunity to consult with an attorne y of their
choice in the negotiation and preparation of this document, and regarding any divorc e
proceeding.
SECTION 18.
SEVERABILITY
If any portion of the Agreement shall be held to be void, voidable or unenforcea ble for
any reason, then all the remaining parts or portions shall be construed, impleme nted and
administered as if such void, voidable or unenforceable portion did not appear herein.
SECTION 19.
CONTROLLING LAW
Husband Initials:___________ Wife Initials: ___________ This Agreement shall be governed, enforced and interpreted according to the la
ws of the
State of Maine.
SECTION 20.
HEIRS AND ASSIGNS
This Agreement shall become binding upon the parties and their legal representatives,
successor, heirs and assigns.
EXECUTED AND AGREED ON THE DATES SET FORTH BELOW. I certi fy that I
have been open and honest in entering into this Settlement Agreement. I am satisfied
with this Agreement and intend to be bound by it.
Dated:
Signature of Wife
Printed Name: _____________________________
Address: __________________________________
City, State, Zip:
Telephone Number:
Fax Number:
Dated:
Signature of Husband
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:
STATE OF MAINE
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this
__________________________ (date) by ___________________________________ (name of
person acknowledged).
_________________________________
Notary Public
Husband Initials:___________ Wife Initials: ___________
Print Name: ______________________
My Commission Expires:
_____________________
STATE OF MAINE
COUNTY OF ____________________
The foregoing instrument was acknowledged before me this
__________________________ (date) by ___________________________________ (name of
person acknowledged).
_________________________________
Notary Public
Print Name: ______________________
My Commission Expires:
_____________________
