Questions And Answers On Prenups And Postnups

At Plumides, Romano, Johnson & Cacheris, PC, our board-certified North Carolina family law specialists have the experience and knowledge to help you understand the issues you face regarding marital agreements.

Give us a call at 704-323-7833 to discuss how a prenuptial agreement or postnuptial agreement might apply to your specific situation. We serve clients throughout the Charlotte area.

When does it make sense to consider a prenuptial agreement?

Anyone with a great deal of assets should consider a prenuptial agreement. A prenuptial agreement can classify certain assets as nonmarital, protecting them during the property division process.

What are some common situations where a prenup may be useful?

These situations include:

  • Getting remarried and have children from another marriage: A prenup will protect assets for your children in the event of another divorce.
  • Owning a business: If you are the sole owner or the partner in a business, it would be wise to shield it from a divorce through a prenup. A lengthy dispute could affect the company's ability to earn a profit.
  • Buying the house that you and your spouse will live in: Disputes over the marital home can become quite heated during the financial division process. If you want to retain the home, you can include that in a prenup.
  • Having significant retirement assets: Classifying your retirement assets as nonmarital property will leave you better positioned for the future.
  • Not wanting to be responsible for your spouse's debts: You could potentially be on the hook for a part of your spouse's debts, such as credit card debt, during a divorce.

Are there certain guidelines that marital agreements must follow?

Prenuptial or premarital agreements must follow the guidelines under the Uniform Premarital Agreement Act. It is very important that you have your own legal representation for either of these items.

Most prenups will address the following:

  • Rights and obligations of both parties, as long as they do not violate public policy or criminal laws
  • Each party's right to manage and control property, including buying and selling property
  • How property will be divided upon divorce or death
  • How spousal support will be modified or eliminated in the event of divorce

How are prenuptial agreements and postnuptial agreements different?

Prenuptial agreements can provide protection to both parties during marriage and in the event of divorce. This agreement needs to be accurate and enforceable to be effective so it is best to work with an experienced lawyer who knows how to draft a clear and correct agreement.

Postnuptial agreements are created after you get married but before any separation. This is a legal, valid and binding legal document that documents how property and assets will be divided in the event of divorce. Postnuptial agreements can include various other types of stipulations that are enforceable as long as both parties agree, and the agreement is accurate and free of mistakes.

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