Helping Clients Navigate A Course To A Better Future

Tips for creating a prenuptial agreement

Some North Carolina couples who are planning to get married might want to consider a prenuptial agreement. A prenup determines how a couple will divide their property in a divorce. Even if a couple is not planning to have one, they should have a conversation about their finances before the marriage. They may want to consult a legal or financial adviser to find out how they would be divided in case of a divorce. It is best if a prenup is created as early as possible. If it is done too close to the wedding, it could be challenged on the grounds that one person was pressured into signing it.

The prenup may address whether either person will pay alimony and what is considered shared or separate property. This might include income, family trusts, any anticipated inheritances and property owned with others. The prenup can include a provision that each person will keep finances confidential and not discuss them with friends and family.

A prenup may be particularly important if one person owns a business. The prenup can establish the value of the business at the time of the marriage. It may also specify what percentage of the business each spouse would own in case of a divorce and how the business will be valued. If they share the business, it may specify who will buy out the other.

There are other grounds on which a prenup might be challenged during a divorce. For example, if a person did not receive adequate legal counsel, it could be dismissed. This might also happen if the prenup addresses issues that are outside of its scope, such as anything dealing with child custody and support. If the prenup is thrown out or there is no prenup, a couple will either have to negotiate an agreement for property division or go to court.

Bg Quote

Client Testimonials

Bg Stars

A Wonderful Experience

I had a wonderful experience with Kennedy Law Associates. Marsha Kennedy and her Associates were knowledgeable, efficient, and caring. I felt like my case was a high priority to them, and they helped me understand every step of the divorce process throughout my entire case. I would highly recommend this firm to anyone looking for assistance with a family law matter!
Jennifer Haines

Smart, Caring Staff

I am savvy financially, but had no clue about the divorce process. Through it all, Ms. Kennedy and her staff have been there for me and my kids.
Anonymous

The experience you need through a difficult time

Marsha Kennedy and her team has expertly handled each situation and guided me through the process.
Kelly

Highly Recommend!

Kennedy Family Law did a wonderful job representing me in my divorce. Always responsive and kept me informed – they really cared about me.
Bette Frederick

Highly Recommend!

I have been working with Marsha Kennedy and her team and am so impressed with how my case is being handled.
Kelly Peterson
FindLaw Network