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Legal Considerations -

Maine Law

The first step in filing a marriage license is to have the marriage intentions recorded in writing. Both parties must sign the intentions, stating they are free to marry. If the bride and/or groom are residents of Maine, they must file their intentions at the municipal office in the town or city in which at least one of them resides. If only one party to the marriage resides outside the state of Maine, then both parties must file their intentions at the municipal office in the town/city where the resident lives. If neither the bride nor groom are residents of Maine, they must file intentions in any municipal office. Once the intentions are filed and the license is issued, the parties are free to marry anywhere within the state.

There is no waiting period in the State of Maine. Once the intentions are filed, the license may be issued immediately.

Once the intentions have been filed, the bride and groom have signed the marriage license; the marriagve license may be issued to the bride and/or groom. The license must be used within 90 days (not three months) from the date the intentions were filed.

After the marriage ceremony has taken place, the person who performed the ceremony is responsible for completing the ceremony section of the marriage license. This includes obtaining the signatures of the officiant. The person performing the ceremony (officiant) cannot be one of the two witnesses to the ceremony. The marriage license must be completed in black ink only. Once the ceremony has taken place and the ceremony section has been completed, the officiant is then responsible for filing the license with the municipal clerk at the municipality where the license was issued within 7 days.

For further information, contact:

Office of Vital Records
221 State Street
State House Station
Augusta, ME 04333-0011
207-287-6490

Prenuptial Agreement

A prenuptial agreement is a legally binding document, prepared prior to the wedding, which details assets brought into the marriage and provides for the distribution of property in the event of a divorce. A prenuptial agreement can provide protection for both parties in the event of a divorce. A prenuptial agreement will also help prevent problems such as a contested will from occurring. Should you decide to enter into prenuptial agreement, remember that you much each acquire the services of independent attorneys.

Will

A will is a vital document that dictates the disposition of a person's property upon his/her death. The preparation of a will is generally a simple process. It can encompass as little as disposition of personal assets among relatives, friends, and/or charities, or as much as establishing guardianship of children and implementing trust to care for their share of the assets.
It is highly recommended that you seek the counsel of an attorney to ensure that your will is valid. Should you not wish to use the services of an attorney, you can consider several do-it-yourself books, kits, and/or computer programs on the market.

Changing Names

Traditionally, the bride has assumed the husband's family name upon marriage. Today, many brides prefer to retain their own family name. Check with an attorney if you are considering alternative solutions, such as a new, blended family name.

Should you decide to retain your own name, you should discuss how you would handle the last names of any children born.

While a bride who retains her last name may not have to worry about name changes, you should still keep in mind that marriage might bring about a change of address or a change of beneficiary. Be sure to review your financial records and determine which changes you will need to make.

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