Charlotte Prenuptial/Postnuptial Agreement Lawyer

Helping Clients With Prenuptial & Postnuptial Agreements in North Carolina

Prenuptial agreements were once considered necessary only for the very wealthy. They also were seen by many as showing a lack of trust or doubt between partners. However both prenuptial and postnuptial agreements have grown in popularity over the past few decades among couples of every age and income level. That is because they lay out certain rights and responsibilities as well as how property and assets will be divided should the marriage end in death or divorce. This gives the couple a certainty they would not otherwise have without such an agreement.

If you need legal assistance in negotiating, drafting, finalizing, or amending a valid North Carolina prenuptial or postnuptial agreement, you can turn to Warren Family Law. Our family law firm has provided legal assistance to individuals and families in and around Charlotte for over 40 years. Our highly-experienced attorney practices nothing else but family law. This means he is extremely well-versed in the steps necessary for creating prenuptial and postnuptial agreements according to required state standards. 

Need a prenuptial or postnuptial agreement that will stand up in court? Contact Warren Family Law online or at (704) 741-1763 to set up an appointment today. We serve all of Mecklenburg, Gaston, Cabarrus, Union, and Iredell Counties.

 What are Prenuptial & Postnuptial Agreements?

Prenuptial and postnuptial agreements are written contracts made between the two individuals involved which spell out the rights and obligations of both parties pertaining to certain issues. A prenuptial agreement is created prior to the marriage and does not go into effect until the wedding takes place. A postnuptial agreement is one that is created and executed after the marriage has already occurred. 

These agreements require full disclosure of all financial matters between the parties, must be signed by both parties, are voluntary, must be reasonable and fair, and each party should have his or her own lawyer who can help prepare and/or review the agreement prior to signature. 

Key Elements of Marital Agreements

These agreements are limited in what they can cover. For example, they cannot determine how child custody or child support will be decided should the couple divorce. 

Common issues covered in such agreements can include:

• What is marital property which can be divided upon a divorce as opposed to what is separate property which cannot be divided
• Protection of a solo business venture owned by one spouse only
• Protection of children from previous marriages or relationships as to inheritance rights and other benefits
• Protection of one spouse against the debts of the other spouse
• Protection of estate plans or the creation of wills and estate plans that support the agreement
• Specification of how assets and debts will be divided upon divorce
• Specification of how future disputes regarding the agreement will be handled
• Specification of whether alimony/spousal support will be provided should the marriage fail and, if so, its terms
• Any additional issues that need clarification pertaining to financial matters, property, or other areas relevant to a potential divorce or death

Are Prenuptial & Postnuptial Agreements Enforceable?

If your agreement is drafted and signed according to North Carolina law, it will likely be enforceable. However, agreements that were done without full disclosure, are somehow significantly unfair to one of the parties, or were based on any type of fraud are open to being thrown out in court. To ensure that your agreement is created according to legal standards, we highly recommend that you retain the services of our Charlotte prenuptial/postnuptial agreement attorney. 

Discuss Your Marital Agreement with Our Charlotte Attorneys or call (704) 741-1763 for personalized guidance today.