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Prenuptial Agreements

Turner Law Firm, PLLCPremarital Agreements (also called prenuptial agreements or “prenups”) are a common legal step taken before marriage. A prenup establishes the property and financial rights of each spouse in the event of a divorce. So while no one is thinking about a divorce when they get married, about one half of all marriages in America end up in divorce proceedings. So it’s often prudent to at least consider a prenuptial agreement. Prenups are often used to protect the assets of wealthy spouses but also can protect family businesses and serve other important functions. Learn about your legal requirements for a prenuptial agreement and whether it’s right for you from a qualified attorney at Turner Law Firm, PLLC.

Why Use a Prenuptial Agreement?

There are several reasons why one party (or even both parties) may want to sign a valid prenuptial agreement prior to getting married. Generally, prenups protect assets that may otherwise be subject to marital property laws. Specifically, these documents may be used to:

  • Protect one party from taking on the debts of the other.
  • Protect specified assets of one party.
  • Determine the manner in which property is passed on after death.
  • Simplify property division in the event of divorce.
  • Clarify financial responsibilities of the parties.

The Pros and Cons of a Prenuptial Agreement

Entering into a prenuptial agreement should never be taken lightly, particularly since the very mention of a prenup suggests the possibility that the marriage may end at some point. Discussion of a prenuptial agreement also can create stress in a relationship. Therefore, deciding whether to implement certain financial conditions and designations of separate property while also planning nuptials is a personal decision. It helps to understand the pros and cons of signing such an agreement.

Pros

  • Support your estate plan without future court involvement.
  • Make certain financial agreements with your spouse official.
  • Protect the family business and its assets.
  • Fewer property conflicts during a divorce.
  • Avoid shared debt liability.

Cons

  • Can create distrust and dull the relationship.
  • Certain elements of the prenup may already be addressed by state law.
  • Cannot address child support or child custody issues in a prenup.
  • A judge may rule parts of the prenup unenforceable, depending on the relevant facts in the case.
  • Non-monetary matters, such as chores and tasks, cannot be addressed in a prenup.

What Makes a Prenuptial Agreement Invalid?

A prenuptial agreement may be considered invalid under a number of different conditions and scenarios. First of all, a prenup must be written and signed by both parties and properly executed. Beyond that, a prenup that was signed under duress or not even read prior to signing (as part of a package of documents requesting signatures, for instance), then it may not be considered valid. Other reasons a state may not recognize a prenuptial agreement include lack of independent counsel (for each spouse), false information and unconscionability.

North Carolina sets forth what may be addressed in a Prenuptial Agreement: NCGS §52B-4 (Content)

TURNER LAW FIRM, PLLC

Charlotte, NC Location
13950 Ballantyne Corporate Place, Ste 160
Charlotte, NC 28277
Phone: 704-496-9095

 

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E-mail: info@turnerlawfirmpllc.com

 

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Charlotte, NC Location
8604 Cliff Cameron Drive, Ste 165
Charlotte, NC 28269
Phone: 704-496-9095

 

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Cary, North Carolina, 27513-2282
Phone: 919-998-8311

 

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