Premarital and Prenuptial Agreements
Engaged couples who have adult children, who want to protect certain kinds of assets brought to the marriage, or who want to maintain control over their assets in the event of separation and the distribution of their estates at death may decide that they need a Prenuptial Agreement. A useful and effective Prenuptial Agreement requires careful planning and clear thinking about your goals and values. It can be difficult to have an open and honest discussion about protecting and separating assets in the midst of planning for a wedding and a future life together. For these reasons, negotiating and preparing prenuptial agreements requires sensitivity, thoughtfulness, and care. Many people make the mistake of delaying discussions about a Prenuptial Agreement until the wedding is near. It’s critical to begin talking about your goals and wishes as early as you can. Waiting increases stress and, in some cases, can negatively impact the validity of the Agreement.
If you think you need a Prenuptial Agreement, contact us to schedule a consultation. We’ll explore your goals and concerns, advise whether a Prenuptial Agreement is truly needed in your situation, and help you think through what you want to achieve. We’ll work with you to prepare a carefully crafted Agreement that will serve as a solid foundation for a successful marriage.
Important Family Law Articles
The Law of Property Division (Equitable Distribution)
In North Carolina, the law that governs the division of assets and debts in the context of divorce is called Equitable Distribution. There is a presumption under the law that an equal division of the net marital estate (the marital assets less the marital debts) is fair and equitable.
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North Carolina law requires that the parties are separated for one year prior to the filing of the divorce claim and that the filing party have lived in North Carolina for at least six months prior to the filing of the action.
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