Below are some frequently asked questions about Prenuptial and Postnuptial Agreements:
What is a prenuptial agreement?
A prenuptial agreement is a contract between two spouses who are planning to marry. This contract can cover many subject matters, including what would happen in a divorce. Many couples create prenuptial agreements with the help of a prenuptial and postnuptial agreements attorney to specify who will receive which property in the event of a divorce.
However, prenuptial agreements can also cover subjects such as:
- Either spouse’s right to spousal support
- The right to buy, sell, use, manage, and control property
- The distribution of a death benefit from a life insurance policy
- The creation of wills and trusts in the marriage
- Any other matter, as long as it does not involve a crime, impact a child’s rights to child support, or contradict public policy
What is a postnuptial agreement?
A postnuptial agreement is similar to a prenuptial agreement in that it specifies what will occur in the event of a divorce. However, while a couple creates a prenuptial agreement before the marriage, they would make a postnuptial agreement after getting married.
Postnuptial agreements can cover any of the above subjects that are common in prenuptial agreements. Both spouses must sign and agree on the contract before it can go into effect.
Which is better: prenuptial or postnuptial?
Prenuptial and postnuptial agreements both have their places in North Carolina marriages. If a couple decides not to create a prenuptial agreement, then gets married, they can always create a postnuptial contract down the line. This contract can be just as valid and binding as a prenup.
However, creating a prenuptial agreement is generally the best option. If a couple cannot agree on serious issues like finances, spousal support, and life insurance before the marriage, they may decide not to get married. Sitting down and creating a prenuptial agreement is important in determining a couple’s values.
How can Wilmington family law attorneys help?
Because prenuptial and postnuptial agreements are legally binding contracts, you should complete them with the assistance of an attorney. A postnuptial agreement lawyer can help you create this contract and ensure that it will hold up in court.
At Speaks Law Firm, PC Family Law Division, our prenuptial and postnuptial agreements attorney has extensive experience helping couples through this legal process. Contact our prenup attorney today at (910) 769-7339 to schedule your case review.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401