Skilled Premarital and Postnuptial Agreement Attorneys in Charlotte, North Carolina
At the David W. Martin Law Group, our Charlotte family law attorneys know that because of their historically negative associations, discussions about prenuptial or postnuptial agreements can be difficult to have.
Fortunately, times have changed.
Whether you are entering a marriage or have already tied the knot in North Carolina, prenuptial and postnuptial agreements can provide multiple benefits, including complete financial and personal transparency for couples who choose to include them in their relationships.
Gone are the days when prenuptial or postnuptial agreements were viewed as a plan for divorce. Now, they are legal documents that allow couples to outline the financial assets and debts, and important properties, among other vital details, they would like to combine or keep separate going forward.
Our Mecklenburg County family lawyers will explain each of the legal nuances that apply to your prenuptial or postnuptial agreement, so you can make informed decisions about your future.
Contact us today to explore your customized legal options, so you can move forward with confidence.
What is a Prenuptial or Postnuptial Agreement in North Carolina?
A prenuptial agreement is a contract between a couple before they marry.
It is used to outline the rules that will govern their property, debts, income, and expenses should the marriage dissolve.
A postnuptial agreement provides the same legally binding protection but is outlined after the couple marries.
What Can and Cannot Be Included in a Prenuptial or Postnuptial Agreement in North Carolina?
North Carolina follows the Uniform Prenuptial Agreement Act (UPAA), which establishes requirements for both prenuptial and postnuptial agreements.
Without a prenuptial or postnuptial agreement, property acquired by a couple during the marriage becomes jointly owned and subject to division in North Carolina upon divorce.
Details that may be outlined in a prenuptial or postnuptial agreement may include:
- Each spouse’s right to buy, sell, transfer, spend, mortgage, or otherwise manage property and assets during the marriage
- Protect one spouse from the debts of the other
- Each spouse’s right to separate property or marital property
- Keep family heirlooms, family business interests, and other property in the birth family
- Property division upon separation, divorce, or death
- Either spouse’s entitlement to spousal support
- Each spouse’s rights to death benefits from the other’s life insurance policy
- Provide for children either spouse has from a previous relationship
Details that may NOT be outlined in a prenuptial or postnuptial agreement include:
- Verbiage extinguishing either spouse’s premarital debts
- Content that infringes on the rights of the couple’s current or future children, including the elimination or reduction in a child’s entitlement to financial support
- Child custody rights or responsibilities
- Require either spouse to do something prohibited by law
- Waive either spouse’s right to alimony
- Provide financial or other incentives for divorce
- Specify which spouse is responsible for non-financial personal or household matters, like who will do which chores or how the children will be raised
If you have questions about what you may or may not include in a prenuptial or postnuptial agreement in North Carolina, contact our skilled family law attorneys in Charlotte today to discuss your unique legal needs.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Alienation of Affection
- Child Custody and Visitation
- Child Support
- Domestic Violence Orders of Protection
- Property Division
- Separation Agreements
Will a North Carolina Court Enforce My Prenuptial or Postnuptial Agreement?
All North Carolina prenuptial or postnuptial agreements must be in writing and signed by both future or current spouses.
Prenuptial and postnuptial agreements will be upheld when the verbiage therein is proven to have a legal inclusion in the contract.
However, a prenuptial or postnuptial agreement is not enforceable if one spouse can prove that:
- He or she did not sign the agreement voluntarily
- The agreement was severely unfair when it was signed because one spouse failed to fully disclose his or her financial obligations and debts
Each spouse is required to read the prenuptial or postnuptial agreement thoroughly before signing and cannot use their failure to read or understand the document to set aside its legal standing.
At the David W. Martin Law Group, our skilled family lawyers in Charlotte represent clients throughout North Carolina by thoughtfully and objectively assessing their cases to carefully plan and execute a legal strategy that is designed to reach their personal objectives.
That includes advising our clients of their rights when pursuing a prenuptial or postnuptial agreement.
We can help you and your soon-to-be or already spouse understand the importance of a prenuptial or postnuptial agreement, so you know what it entails and how it protects your futures — together and separately.
Contact Our Skilled Prenuptial and Postnuptial Agreement Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte family law attorneys are here to listen to each of your pre- or postnuptial agreement objectives, so we can outline all potential strategies that will allow you to pursue the best outcome for your future.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our Charlotte family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.