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Why Prenuptial Agreements Make Sense

Prenuptial agreements are contracts signed by both parties prior to the date of marriage. A prenuptial agreement can resolve any issues that might arise in a divorce, except for child custody and child support issues.

Many people who plan to marry are hesitant to ask a partner to sign a prenuptial agreement, fearing that it will remove the romance from the relationship. It can even be interpreted as an expectation that your marriage will fail.

A Different Way To View Prenuptial Agreements

At Ellis Family Law, P.L.L.C., with offices in Durham, Cary, Pittsboro and Wake Forest, we serve clients looking to draft prenuptial agreements throughout the Triangle area. We view premarital agreements from a different perspective. A prenuptial or premarital agreement is a way to ensure that the promises you made, or the promises kept. It is a commitment to each other that you will honor your word, even if times get hard. It is a guideposts for how to navigate your financial lives together with transparency and strength. These agreements protect you and your partner in the event a marriage does not last, spelling out rights and responsibilities regarding property division or spousal support in detail in order to avoid costly litigation down the road.

A prenuptial agreement can include a waiver of alimony. However, if a dependent spouse would become a ward of the state without alimony, the court would take the waiver out of the agreement.

Even if the parties keep their finances separate or if one party pays for a particular asset that is titled to him or her, it is still considered marital property and is subject to division through equitable distribution. A prenuptial or postnuptial agreement can avoid disputes and carry out the parties’ true intent.

Did You Know?

You and your spouse can talk with each other about what would happen if you separated or divorced. However, the court can’t enforce the agreement unless it is in writing and properly drafted and signed. This is why it’s crucial to create a legal prenuptial agreement.

We understand that there is a stigma around prenups and many people find them to be unromantic. However, protecting your interests in a marriage isn’t something to be ashamed of. It’s a smart strategy that ensures you are protected in the event of a divorce. Prenups are especially useful for people who have significant assets such as large inheritances or multiple real estate properties. Blended families can also benefit from the security a prenuptial agreement may provide.

By getting your prenuptial agreement written and signed, you can move forward with your marriage with more confidence. Our attorneys can help you through this process.

Prenuptial Agreements Versus Custody And Support

While prenuptial agreements allow you to make decisions regarding issues such as property division or spousal support, you cannot include anything regarding child custody or child support. Only the courts can make the final decision regarding child custody and support, as they must consider the best interests of the child.

Understanding Postnuptial Agreements

If you and your spouse did not consider a prenuptial agreement before marriage, don’t worry. You can still take steps to protect your assets and interests after marriage through a postnuptial agreement. This type of legal contract is executed between married couples and offers peace of mind in the event of a divorce. Like with prenuptial agreements, you can establish how to handle property division and other factors in your postnuptial agreement.

For example, if a spouse comes into a significant inheritance during the marriage, a postnuptial agreement can help establish how that inheritance will be treated. Likewise, if a spouse starts a new business during a marriage, a postnuptial agreement may help protect the company from property division if a divorce occurs. Our attorneys can help you set up a postnuptial agreement that considers all your specific goals.

Learn More About Why Prenuptial Agreements Make Sense

We welcome the opportunity to answer your questions regarding prenuptial agreements and explain further why they make good sense. Call Ellis Family Law in Durham, Pittsboro or Wake Forest at 919-688-9400 or fill out the contact form on this site to schedule a consultation.

Frequently Asked Questions about Pre-Nuptial Agreements

What is a prenuptial agreement?

A prenuptial agreement is a contract signed by two parties anticipating getting married that can address any or all of the “marital rights” that come about in NC from getting married. These marital rights are equitable distribution (property division), spousal support and statutory inheritance rights (rights that are given to a surviving spouse regardless of a will or other beneficial document). These rights can be controlled by the parties through the use of a prenup, as opposed to relying upon the cookie cutter provisions provided in the law.

Do we both need separate attorneys for a prenup?

While NC does not require that both parties are represented for a prenuptial agreement to be valid, one attorney cannot represent both parties as their interests are adverse to each other. This is true even if both parties are in complete agreement with the terms of a prenup.

When should we start the prenuptial agreement process?

While there is no bright line time in which a prenuptial agreement must be signed prior to a marriage occurring, it is highly encouraged that a prenup is executed at least a month in advance of the wedding. Otherwise, there is risk of the prenup not being upheld due to coercion or other contractual defenses.

What can be included in a prenuptial agreement?

Prenuptial agreements can address any or all of the “marital rights” that come about in NC from getting married. These marital rights are equitable distribution (property division), spousal support and statutory inheritance rights (rights that are given to a surviving spouse regardless of a will or other beneficial document). These rights can be controlled by the parties through the use of a prenup, as opposed to relying upon the cookie cutter provisions provided in the law.

Are prenuptial agreements enforceable in North Carolina?

Yes, prenuptial agreements are actually favored in NC as long as they are properly executed and not seen as “unconscionable” at the time of execut

Why should we choose Ellis Family Law in Durham for our prenuptial agreement?

At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. From there we ensure that your current and future goals can be met through a personalized agreement that spells out your wishes and desires for your upcoming marriage so that you can have peace of mind and clarity about your path forward.

What is covered in a prenup?

A prenup is a contract that is signed before a marriage that does not become valid until the marriage occurs. This contract may address any or all of the three marital rights, which are equitable distribution, spousal support and statutory inheritance rights.

Do both parties need separate attorneys to arrange a prenup?

NC does not require that both parties are represented, but it is usually a good idea. Both parties cannot work with the same attorney, even if they are in full agreement regarding the terms.

How does a prenup affect alimony?

A prenup may affect alimony if an alimony provision is included. The parties have the ability to completely waive any future alimony claim or to determine a specific formula or means by which alimony would be determined.

When should we start the prenup process?

Couples should start the prenup process as early as possible. This helps to ensure you are both on the same page about financial rights and obligations, as well as, gives time for any negotiations and drafting of the agreement to avoid any coerci

How does a prenup protect my business?

A prenup can protect a business interest if it is addressed within the agreement in some way. It is not unusual for a prenup to include a waiver of the non-owner spouse’s marital interest and liability for any debts associated with the business interest.