Prenuptial & Postnuptial Agreements FAQs

Who needs a prenuptial agreement?

Anyone with a great deal of assets should consider a prenuptial agreement. A prenuptial agreement can classify certain assets as non-marital, protecting them during the property division process. Some common situations where a prenup is useful include if you:

  • Are getting remarried and have children from another marriage: A prenup will protect assets for your children in the event of another divorce.
  • Own 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.
  • Bought 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.
  • Have significant retirement assets: Classifying your retirement assets as non-marital property will leave you better positioned for the future.
  • Do not want 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.

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. Our board-certified North Carolina Family Law specialists have the experience and knowledge to help you understand the specific issues you face and how to effectively resolve them.

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

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.