Kennedy Law Associates

Reasons for a prenup

North Carolina couples who plan to get married should consider the importance of completing a prenuptial agreement. The main purpose of the legal document is to verify how assets will be allocated if a marriage ends in divorce. In situations in which a married couple divorces and there is no prenup agreement, the manner in which the assets are divided will be determined by state laws.

Prenups have increased in popularity over the past few years, particularly for people who are getting married for the second time, those with blended families and business owners. Even though a prenup can be very helpful, it has a stigma that makes couples reluctant to take action. One may refrain from broaching the topic with their future spouse for fear that it will make a divorce more likely or that embarrassing financial details may be revealed.

Having a prenup in place is strongly advisable if one party has more assets than the other. Funds may include those that have been saved or inherited. Assets that individuals owned before they married will typically remain in their possession should divorce occur, but there are exceptions. Both money and time can be saved if future spouses decide how specific assets should be handled if a divorce occurs.

A divorce attorney may help a client draft and complete a prenuptial agreement. The attorney could also advocate on behalf of the client during negotiations to ensure that their interests and assets are protected. If a divorce occurs, legal counsel may litigate to make sure that the terms of the prenuptial agreement are enforced.

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