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Do You Need a Prenuptial and Postnuptial Agreements Lawyer in North Carolina?

Before you and your intended spouse marry, you should discuss your respective finances, including assets, debts, and anticipated inheritances. Imagine how unshared assumptions regarding property and finances could unnecessarily harm your relationship with your soulmate. Prenuptial and postnuptial agreements are ways to anticipate such issues and seek to prevent them from fracturing your lives. With the help of an experienced prenuptial and postnuptial agreements attorney, you and your spouse can protect assets you wish to maintain as separate property while agreeing on which assets can become marital property.

Of course, you don’t want to hurt this person you love so much that you have chosen to spend your lives together, and your spouse likewise would not want to hurt you. However, financial issues can lead to unforeseen conflicts that may threaten a marriage or lead to bitterness and difficulties that could remain even after spouses have divorced.

Prenuptial or postnuptial agreements can help you maintain your property rights if you and your spouse divorce or if one spouse passes away. If your financial situation changes over the course of your marriage and the two of you have never created a prenup, a postnuptial agreement lawyer can help you develop a postnuptial agreement.

What to Include in Prenuptial and Postnuptial Agreements in North Carolina

You can include several terms in your prenup or postnup agreement, such as:

  • Which assets will become marital property and which assets each spouse will maintain as separate property.
  • Property rights for shared marital property, including the family home, a business owned by either spouse, and other joint property.
  • Property division terms if the couple divorces or separates
  • Property division terms upon the death of either spouse
  • Rights to death benefits in a life insurance policy.
  • Either spouse’s right to seek alimony if the marriage dissolves in divorce.
  • Each spouse’s responsibility for legal fees in case of divorce, especially for infidelity
  • Creating wills and/or trusts to support the agreement

Contrary to some older popular perceptions, prenuptial and postnuptial agreements can strengthen a marriage by ensuring both spouses have a shared understanding regarding their property rights. Contact our prenuptial and postnuptial agreements legal team today to schedule a consultation.

Why Create a Prenup Agreement in North Carolina?

A prenuptial agreement can help each person maintain control of specific assets in case of death or divorce, especially if:

  • you and your spouse-to-be come from different financial backgrounds
  • one partner owns a business before marriage
  • one or both members of the couple were previously married or have children from an earlier relationship

The state of North Carolina recognizes equitable distribution of marital property during a divorce. By filing the appropriate financial disclosure documents and drafting a fair prenuptial agreement, you and your future spouse can determine how to manage joint property during the marriage.

While some people in the past have worried that creating a prenup with their partner could set up their marriage to fail, many couples find opportunities during this process to strengthen their bond and their finances. As they disclose assets and determine which separate properties are especially important to them, many couples have the opportunity to specify control over family businesses, family heirlooms, or property they intend to leave to children from a previous relationship.

Understanding How a Postnuptial Agreement Can Be Helpful

Whereas many couples with large discrepancies in assets or debts create prenups, you may have perceived you did not need a prenuptial agreement at the time if you and your spouse shared a similar financial situation before marriage. If your situation changes during the marriage, you can still create a similar agreement in the form of a postnup.

Many times, these types of changes are unplanned. Perhaps you recognize a prenup could have been a good idea, so you’re pursuing a postnup now that you’re married, or maybe both of you are not in full agreement regarding some new investments. If either you or your spouse win the lotto jackpot, receive a surprise inheritance, or make a large return on investment from stocks or cryptocurrency, you should consider creating a postnuptial agreement to ensure both of you share an understanding regarding the implications of these changes.

Be aware that while you and your spouse can make decisions in a prenup or postnup regarding alimony, you cannot decide on child custody or child support in these agreements. Contact our legal team today to schedule a consultation.

When Can the State Reject a Prenup or Postnup in North Carolina?

North Carolina adheres to the Uniform Prenuptial Agreement Act (UPAA), which regulates the requirements for a prenup or postnup, including provisions that the agreement be in writing and signed by both spouses. Additionally, the agreement only becomes effective once the couple has married.

The state may reject a prenup or postnup if it finds that one spouse signed under duress, coercion, or threat, or if the terms of the agreement are “unconscionable.”

An agreement may be unconscionable if:

  • it is grossly unfair to one party
  • the other spouse did not disclose all of their financial assets and debts or obligations
  • one spouse did not understand the document they signed

How Can a Prenup & Postnup Lawyer Help Couples in Wilmington, NC?

Whether you are taking careful steps to coordinate a shared understanding regarding finances before you marry or you harbor some concerns regarding how a potential financial change could impact yourself or your spouse, it is often a wise idea to consult a prenuptial agreement lawyer to make arrangements before your wedding day. If you have already married, you can make similar adjustments with a postnuptial agreement.

Our experienced prenuptial and postnuptial agreements lawyers can guide you and your spouse to prepare an agreement that meets your custom needs. Contact us today at Speaks Law Firm, PC Family Law Division in Wilmington, NC, to schedule a consultation.

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Why Choose Speaks Law Firm, PC Family Law Division?

Passion – Our family law attorneys, Justin Moulin and Sarah Gray, are dedicated to helping clients with legal matters involving divorce and family issues in Wilmington, North Carolina. We put clients’ needs first, and we are passionate about helping people through emotionally difficult times.
Experience – When dealing with family legal issues, you need someone with a proven track record. Sarah Gray and Justin Moulin have dedicated their careers to representing families. Sarah has more than 10 years of experience representing clients, while Justin has worked in multiple counties in North Carolina and has focused on custody and child support actions, protective order hearings, alimony claims, property division, and divorce.
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FAQS About Prenuptial And Postnuptial Agreements

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.

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