Prenuptial Agreement Lawyer in Charlotte, NC
Prenuptial agreements are used to determine in advance how property will be divided in the event your marriage does not work out. A postnuptial agreement is a similar agreement that is drafted after you are married. As long as these agreements are properly drafted, they are respected by North Carolina courts. Our Charlotte prenuptial agreement lawyers have the experience to answer all your prenup questions.
Reviewing & Drafting Prenuptial Agreements
At Kennedy Law Associates in Charlotte, North Carolina, our lawyers draft premarital and postmarital agreements. We also advise people who are asked to sign one of these agreements.
Prenuptial/Premarital Agreement FAQs:
Should I Get A Prenup In North Carolina?
Can A Prenup Be Overturned?
When Do I Need a Premarital Agreement?
- If you are bringing significant assets into the marriage
- If you are a high-wage earner and do not want your income to be marital property
- You have family assets, such as a vacation home or business, you want to protect
- If you have children from a prior marriage and you want to protect their financial interests
While separate property does not have to be divided under North Carolina’s equitable distribution laws, there are gray areas that result in future litigation and stress if you and your spouse do not have an agreement in place.
To be valid under North Carolina law, a prenuptial or postnuptial agreement cannot be signed under duress. You must provide full disclosure of your assets, and your spouse should be represented by his or her own family law attorney.
Additional Prenuptial Agreement FAQs
Is a prenup only for wealthy individuals?
No, a prenuptial agreement (prenup) is not exclusively for wealthy individuals. While prenups are often associated with high net worth individuals, anyone can consider having a prenup before getting married. Prenuptial agreements address various financial and legal matters, such as the division of assets, spousal support, and other financial arrangements in case of divorce.
Individuals with diverse financial situations may choose to create a prenup to protect their respective interests and clarify marital expectations. Factors such as business ownership, significant assets that were acquired before marriage, or differing financial backgrounds are common reasons why people may opt for a prenuptial agreement.
Is a prenup only about protecting assets?
While protecting assets is one of the primary purposes of a prenuptial agreement (prenup), it’s not the only aspect that a premarital agreement can address. Prenups can also address:
- Asset division
- Alimony (spousal support)
- Division of debts
- Business ownership and interest
- Inheritance rights
- Financial expectations during marriage
It’s important to note that there are legal limitations on what a prenup can cover. Certain issues, like child custody, cannot be determined in a prenup. The use of illegal or unconscionable provisions is not permissible.
Does a prenup undermine a relationship or encourage divorce?
No. A prenup agreement can actually strengthen a marriage because having a plan in place for what will happen “if things go badly” can create a lot of physical and emotional security for both halves of the couple. The open communication required to draft a prenup can also help a couple set the stage for honest conversations about financial matters and expectations – and that can be a great foundation for a healthy marriage. In no way is a prenup a sign of a lack of commitment to the relationship. These days, it is often simply considered prudent.
For More Information About Premarital/Prenuptial Agreements
For more information, or to schedule a consultation with our Charlotte prenuptial agreement lawyers, call 704-512-0619 or complete our contact form.