When you entered a marriage agreement, you probably did so with the ultimate trust in your partner. Sharing your emotions, your finances and even your bed often strengthens that trust, which can prove problematic in that it sometimes makes you blind to the true nature or intentions of your partner.
With all the steps that go into planning for an upcoming wedding and marriage, it can be easy to get caught up in the excitement of it all and leave some of the more mundane tasks until later. While you may be tempted to put off drafting a prenuptial agreement, it is wise, in the "big picture" sense, to resist doing so.
In the song "Home Life" John Mayer insists that "I can tell you this much, I will marry just once and if it doesn't work out, give her half of my stuff. It's fine with me - we said eternity." If you are getting married to your one-and-only, you may feel much the same way - that if things somehow fail to work out, you will not engage in any squabbling over property division. However, it is vitally important to understand that even if you plan to have a long, happy, truly successful marriage and will not engage in in-fighting in the event of a divorce, you, your future spouse and your marriage can truly benefit from the process of drafting a prenuptial agreement.
The Pew Research Center reports that only half of all first marriages that began in 1970 lasted longer than 25 years. Most couples don't expect to divorce, but many who find themselves at an impasse in their relationship believe divorce is the answer.
Prenuptial agreements (also known as "premarital agreements" or simply "prenups") often get a bad rap. They are sometimes seen as a way for a much wealthier spouse to unfairly shield assets from a poorer spouse in the event of a divorce. In this way they are viewed much less as protective and much more as punitive legal documents. For the vast majority of couples signing prenups before marriage, however, nothing could be farther from the truth.
When business owners divorce, property division matters can become very complex. In North Carolina, marital assets, including businesses and professional practices, are to be divided in an equitable manner upon divorce. Identifying, valuing and distributing such assets is often the subject of complex negotiation and litigation.