For many people, their wedding day is one of the happiest days of their lives. As such, many couples understandably do not have the time or energy to think about a prenuptial agreement during the buildup to their special day. However, a prenuptial agreement can be potentially valuable, even if it only serves to establish ground rules for the lifelong relationship to come.
An experienced Wake Forest prenuptial agreements lawyer could show you just how such a contract could benefit you and your future spouse. One of the dedicated marital agreements attorneys from Triangle Divorce Lawyers could explain how many couples use prenuptial agreements and what kinds of provisions they usually contain. We could also suggest terms for your specific agreement and draft one that meets your unique needs.
According to North Carolina General Statutes §52B-2, a prenuptial agreement—also called a “premarital agreement”—is “an agreement between prospective spouses” made before the two parties are actually married. The agreement then becomes effective once the two individuals are married, according to N.C.G.S. §52B-5.
Furthermore, under N.C.G.S. §52B-3, a valid prenuptial agreement must be in writing and signed by both individuals. Both parties must also disclose all financial and property obligations to each other prior to the agreement being finalized, or it may be ruled unenforceable by the court. Unconscionable agreements may also be unenforceable, as per N.C.G.S. §52B-7.
Prenuptial agreements in North Carolina may generally cover a wide range of potential issues, as long as the agreement itself is fair. Specifically, prenuptial agreements may contain clauses that deal with any of the following, according to N.C.G.S. §52B-4(a):
For example, a couple may agree that each of them would have the rights to specific pieces of property if they separate or divorce. A couple may also use a prenuptial agreement to eliminate any kind of spousal support or alimony in the event of a separation or divorce.
Additionally, a prenuptial agreement may contain terms that allocate property upon the death of one or both spouses. Any person or couple desiring more specific information on common terms in a prenuptial agreement should contact a Wake Forest prenuptial agreements lawyer.
North Carolina forbids any prenuptial agreement from negatively affecting future child support obligations, according to N.C.G.S. §52B-4(b). In other words, a couple cannot attempt to eliminate their obligation to provide support for any future children.
North Carolina law also allows a prenuptial agreement to be changed or completely revoked. However, any such change or revocation must be done after marriage, as per N.C.G.S. §52B-6. Additionally, any further agreement altering or canceling the initial prenuptial agreement must be in writing and signed by both spouses. A prenuptial agreements lawyer in Wake Forest may be able to provide further assistance to those desiring changes or alterations to their prenuptial agreement.
Many couples have negative misconceptions about prenuptial agreements and may believe that they can only cause harm to a couple’s relationship. However, a properly drafted prenuptial agreement may actually help avoid tension and arguments if any should arise during a marriage.
The knowledgeable legal team at Triangle Divorce Lawyers could explain how a prenuptial agreement may benefit you and your future spouse. We know that different couples may need different things from a prenuptial agreement, and we could go over with you how such agreements are used and suggest specific provisions that fit you and your future spouse.
Finally, many soon-to-be-married couples may find a prenuptial agreement useful, so for further information, get in touch with a Wake Forest prenuptial agreements lawyer today.