There are several important concerns that must be factored into the decision to get married, especially in circumstances where a previous marriage for one or both spouses may not have worked out. Often, protecting assets in cases of divorce is an important consideration for couples considering marriage. If you have the same concerns in mind, a Raleigh prenuptial agreements lawyer could help you explore your options.
There are many reasons couples choose to explore prenuptial agreements. No matter what your individual reason may be, a seasoned attorney could answer your questions and address your concerns so you can know you are making the right decision for your family.
Federal law defers to states to determine many aspects of family law, including those governing prenuptial agreements. Many states, including North Carolina, have adopted the Uniform Premarital Agreement Act to ensure that state approaches to these agreements do not vary drastically. Found in North Carolina General Statutes Chapter 52B, a prenuptial agreement is enforceable. However, a premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
There are important guidelines that must be adhered to in order for the prenuptial agreement to be valid. An experienced Raleigh prenuptial agreements lawyer can help couples explore those requirements.
As with any contracts, prenuptial agreements cannot be used to enforce illegal terms. For example, they cannot compel one party to break the law and they cannot strip away a person’s guaranteed legal rights.
Prenuptial agreements also cannot determine child support considerations. Courts are required by law to make custody and child support determinations according to the state statute by considering the law as well as any special circumstances that might exist, but the court must also make its own findings and determinations based on the best interests of the child or children involved.
Prenuptial agreements are also prohibited from unfairly advantaging one party to the detriment of the other. That is why the legal review of an agreement is important during every phase of crafting a prenuptial agreement.
Not only can working with a Raleigh prenuptial agreements lawyer help a person understand and advocate for their rights, but it can also increase the likelihood that their prenuptial agreement will be upheld by a court in cases of divorce. It is important to remember that while prenuptial agreements can be an important part of safeguarding individual rights as well as your assets, they will not be enforced simply because both couples have agreed to them.
No matter the reason you are considering a prenuptial agreement, it is important to work with a Raleigh prenuptial agreements lawyer who understands important nuances in marital agreement law. An experienced prenuptial agreement attorney can take a thorough and dynamic approach to the prenuptial agreement process, from the negotiation and drafting phase to advocating for enforcement of the agreement.
There is a great deal at stake when it comes to financial and other assets contemplated by prenuptial agreements and leaving those important aspects to chance could have significant long-term effects on your financial health and overall well-being.
If you have questions about whether a prenuptial agreement might be right for your individual needs or are concerned about the effect a preexisting agreement could have on you and your marriage, contact a skilled Raleigh prenuptial agreements attorney to start exploring your options.