Prenuptial Agreement in NC

As of recent history, the concept of prenuptial agreements was given a rather unfair connotation. However, in certain situations, prenuptial agreements often make sense. In a prenuptial agreement in NC, you and your spouse disclose to each other all the money and property you own before getting married. In short, a prenuptial agreement is an enforceable contract between two individuals before they enter into marriage or union. In the instance of a divorce, having access to a skilled Charlotte divorce lawyer like Cox Law is in your best interest. You can reach us at 704-243-9693 at our office today for help in crafting an equitable prenuptial agreement today. 

What is a Prenuptial Agreement?

A prenuptial agreement, premarital agreement or pre-nup, is an agreement made by a couple before a marriage concerning the division of the ownership of assets in the event of a failed marriage.

Do you need a prenuptial agreement?

Generally, a North Carolina prenuptial agreement is used frequently when there is a large disparity in the size of the value of the assets of the individuals entering into the union. A prenuptial agreement in NC is also often used in the following situations:

• People who get married later in life
• People that have acquired assets on their own.
• People who might have had marriages in the past (Blended families in particular!)

Are You in Need of a Prenuptial Agreement in NC? Call Us Today at 704-243-9693.

What should be included in a prenup?

A prenuptial agreement, or pre-nup should specify certain items. Some of the items that are normally included in a prenuptial agreement in North Carolina are as follows:

• A prenuptial agreement specifies what will, and will not, be considered marital property
• A prenuptial agreement is meant to specify and protect each parties personal assets.
• A prenuptial agreement is meant to specify the saving and spending strategies the union uses in their general investment and overall retirement savings strategies.

What is the purpose of a premarital agreement in North Carolina?

Before we begin, let’s state the following: Under North Carolina law, a prenuptial agreement cannot harm the interest of a child. Now with that in mind, in North Carolina there are a number of reasons why a couple would decide to enter into a prenuptial agreement. Some of the reasons why a couple would decide to enter into a prenuptial agreement in Charlotte, NC include the following:

• Laying out a clear definition of the assets or debts that are separate property for each spouse.
• Assigning specific property that shall be under only one spouse’s control for the purpose of commercial exploitation, sale, lease, or other functions.
• Laying out a clear definition of what spousal support or alimony support obligations should the parties separate or divorce in the future.
• Laying out a clear definition of how property should be disposed of in the unfortunate event of death, divorce, separation, or other type of calamity.
• Laying out a clear definition of which party is entitled to the larger share of the marital assets if a divorce follows marital misbehavior of the offending spouse.
• Laying out a clear definition of whatever special duties or obligations are for each spouse.
• Laying out a clear definition of special provisions for the care or treatment of minor children or stepchildren. In general, prenuptial agreements are non-binding in the instance of a child custody dispute or decision made.

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Are Prenuptial Agreements Always Enforceable

While prenuptial agreements are presumed to be enforceable, you or your spouse may challenge the validity of a prenuptial agreement for certain reasons, including:

• The prenuptial agreement was signed under some sort of fraud
• The prenuptial agreement was signed under coercion or duress
• The prenuptial agreement was unfair or inequitable

If You are in Need of a NC Prenuptial Agreement Lawyer

At Cox Law, we help our clients in all forms of family and premarital matters, prenuptial in NC included. Give us a call at 704-243-9693 at Cox Law today. We are here for you and ready to help!