Cary Prenuptial Agreements Lawyer
Marriage can be unpredictable, and when couples contemplate marriage there often are a number of important concerns that may come up. These concerns often go much deeper than planning the wedding. When concerns about your future, your assets, and your financial well-being are part of your approach to marriage, a Cary prenuptial agreements lawyer may help effectively advocate for your rights.
Just as every marriage is unique, so is every prenuptial agreement. Every couple contemplating a prenuptial agreement typically will have different needs, and an experienced family lawyer understands how to address those unique needs. However, prenuptial agreements may also share many similarities and understanding those common characteristics could be a good place for you to start your conversation about them.
What is a Prenuptial Agreement?
A prenuptial agreement is a marital agreement that couples enter into before getting married. These agreements help determine what will happen to property and other assets in case of divorce. Essentially, prenuptial agreements are contracts that parties agree to abide by should divorce enter the picture. Typically, they specify how property, finances, and debts will be divided in the event of divorce. They may also determine issues related to spousal support.
While prenuptial agreements can be intricately detailed and far-reaching, they are subject to important limitations. They usually cannot significantly disadvantage one party over the other. Additionally, they often cannot spell out terms related to custody or child support as these issues are generally determined by statutes directing the court to make such determinations according to prescribed law and the child’s best interest.
Requirements for an Agreement in Cary
North Carolina General Statutes Chapter 52B addresses numerous aspects related to prenuptial agreements. Some of the basic requirements for these marital agreements to be valid include:
- The agreements must be in writing and signed voluntarily by each party
- The agreements must be fair and reasonable
- Each party made a fair and reasonable disclosure of his or her property or financial obligations and did not waive disclosure of the property
- Each party should have access to their own independent counsel in drafting and entering into the agreement
There are many other factors that could have a significant impact on a couple’s prenuptial agreement. Scheduling a consultation with a Cary prenuptial agreements lawyer, they could help a person understand the process of creating such a document.
When an Agreement is Unenforceable
It is a common misconception that prenuptial agreements will always be upheld by a court simply because both parties typically must have agreed to them. Certain provisions of the prenuptial agreement may not be enforced if a claim was not executed voluntarily, did not provide fair and reasonable disclosure of assets and financial obligations, or if one party did not have adequate information to make a decision. The prenuptial provision typically is not enforceable if the court finds the contract unconscionable using those or other factors.
Working with a committed Cary prenuptial agreements lawyer at all stages of developing and implementing a prenuptial agreement could help increase the likelihood that an agreement comprehensively addresses a couple’s needs and that such an agreement could be upheld in court.
A Cary Prenuptial Agreements Attorney Can be an Advocate
When it comes to the needs of your marriage, it is important to thoroughly explore all of your options. A practiced Cary prenuptial agreements lawyer that takes a dynamic approach to meet your unique needs could be an important part of an effective strategy in approaching the legal issues that may arise in a marriage.
If you have questions about your prenuptial agreement or are interested in finding out whether a prenuptial agreement could be right for you, contact a skilled family attorney at our firm to start exploring your options today. Call Triangle Divorce Lawyers today to set up an initial review.