When most people get married, they hope the union will bring them happiness and satisfaction for the rest of their lives. Although such happy marriages are common, it may be worthwhile to consider a marital agreement that could defuse tensions if a conflict does arise. If you are married or about to be married, you may want to look into what a Wake Forest marital agreements lawyer could do for you. At Triangle Divorce Lawyers, we know about different kinds of marital agreements, including prenuptial agreements. One of our hard-working family attorneys could talk privately with you, see what kind of agreement might fit your specific situation, and work with you to draft an agreement that covers all your needs and wishes.
Generally, a marital agreement is a contract or agreement signed by two people who are married or about to be married. North Carolina law authorizes the following different types of marital agreements:
As defined by North Carolina General Statutes §52B-2, a premarital agreement—also called a prenuptial agreement—is a contract signed by two people who are about to be married that generally becomes effective when the couple is married. A premarital agreement may cover a wide variety of issues, including how to distribute property in the event of a divorce or separation.
For example, according to N.C.G.S. §52B-4, people may wish to ensure that they keep their family home even if they and their future spouse separate. In such a situation, they could form a contract with their future spouse with that being one of the terms agreed upon. A Wake Forest marital agreements attorney could provide further information on how to use a premarital agreement to avoid future property disputes.
A postmarital—or postnuptial—agreement is a contract between two individuals that are already legally married. N.C.G.S. §52-10 generally allows for contracts such as this to be made between two married parties.
Just like a prenuptial agreement, a postnuptial agreement could serve to resolve issues or disputes before they arise. For example, a postnuptial agreement could stipulate how two spouses divide their property in the event of a separation or divorce. Additionally, a couple could use a postnuptial agreement to establish the consequences for one partner’s infidelity.
A separation agreement is slightly different than either a prenuptial or postnuptial agreement. Generally, under N.C.G.S. §52-10.1, two spouses enter into a separation agreement when they have both agreed to legally separate rather than pursue an absolute divorce. Like prenuptial and postnuptial agreements, a separation agreement may cover issues such as:
Separation agreements may be valuable since they could resolve a number of potentially thorny issues without the need for litigation. Any individual who is considering a separation from their spouse and would like more information on separation agreements may benefit from contacting a marital agreements lawyer in Wake Forest.
North Carolina law also authorizes a couple of additional types of marital agreements. For example, under N.C.G.S. §50-42, any married couple may enter into an arbitration agreement. This type of agreement sets forth any issue or potential issue that both spouses agree to submit to arbitration. Generally, however, spouses may not use an arbitration agreement to cover a divorce or future divorce, according to this same statute.
Additionally, N.C.G.S. §50-71 defines a collaborative law agreement, another type of agreement a married couple may agree to in North Carolina. In a collaborative law agreement, both spouses agree to attempt to settle any differences according to a collaborative law process established by North Carolina law. This process generally involves mediation and other types of dispute resolution outside of court.
Many people who are married or about to be married do not know much about marital agreements and the benefits they could provide. In reality, though, a marital agreement may be invaluable in resolving marital disputes before they arise.
A Wake Forest marital agreements lawyer may be able to help you decide if a marital agreement is right for you. One of our dedicated attorneys from Triangle Divorce Lawyers could review your situation and provide you with information on the different types of marital agreements available to you.
If you wish to proceed with your case, we could draft an agreement for you according to your wishes. Get legal help protecting you and your current or future marriage by calling today to schedule a case review.
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