Couples are often understandably reluctant to think about a possible future divorce while preparing for marriage, but signing a prenuptial agreement can provide multiple benefits. A good agreement can protect certain property, cover some estate planning issues, and set up a fair plan for spousal support. Since you and your future spouse need to agree on all of the provisions, the prenup is also an opportunity to have an in-depth discussion about finances and future planning. A Gastonia prenuptial agreements lawyer will help you draft an agreement that feels fair to both of you. Each person needs to have their own attorney to ensure that their interests are represented. Contact our dedicated marital agreements attorney for a free consultation.
North Carolina’s Uniform Premarital Agreement Act Section 52B-4 specifies what can be included in a prenuptial agreement. Couples can decide how they will divide property and how they will treat inheritances that either person might receive. They can also make a plan for spousal support. Depending on the couple’s situation, this can mean either guaranteeing that the lower-earning partner will or will not receive alimony payments. Prenuptial agreements are especially important when one person is coming into the marriage with more wealth, there are children from previous marriages, or one person started a business before the marriage. However, signing a prenuptial agreement can benefit most couples. A Gastonia prenuptial agreements attorney could help ensure the document reflects your unique needs and complies with state law.
The major areas that a prenuptial agreement cannot cover are child custody or limitations on child support. The agreement can provide more than what a court would order without it, but not less. For example, the couple could decide that the higher earner needs to pay for private school or college for any future children, but they cannot decide that one person will not have to pay child support in case of a divorce.
The state does allow couples to write their own prenuptial agreements and have them notarized. However, working with a lawyer is the best way to make sure the agreement is enforceable. Ideally, each future spouse should have their own lawyer to ensure their interests are properly represented. For the prenuptial agreement to be enforceable, both parties must sign it voluntarily and either disclose all of their assets or waive the right to disclosure in writing.
The Gastonia prenuptial agreements attorneys could review their clients’ financial situations to identify anything they need to disclose, explain the benefits and disadvantages of different options, and ensure they word the agreement correctly. Couples may not know how to translate their wishes into a legal document or determine what they should include in a prenuptial agreement. If disagreements arise, hiring separate lawyers ensures that each person has an advocate.
A Gastonia prenuptial agreements lawyer could help you and your future spouse create a legally sound plan for the future. Seeking legal guidance during the drafting and signing process ensures the agreement will stand up in court if your spouse or their attorney contests it. Your attorneys could help you evaluate each provision to confirm it aligns with your goals and produces the outcomes you expect. Schedule an appointment with the Law Offices of Regina M. Taylor to begin drafting your prenuptial agreement today.
