A North Carolina prenuptial agreement is a legal arrangement specifying guidelines to control assets, liabilities, income, and expenses if the marriage ends. The separate property each spouse brings into a marriage can remain protected by prenuptial agreements. If one of them sells an asset they currently possess after getting married, the proceeds could instead become part of their joint estate.
Additionally, a prenuptial agreement enables both partners to safeguard themselves from each other's debts, including those accrued before and after the marriage. Moreover, it can also help them decide how much support, in the event of a divorce or a death in the family, one of them will give the other.
When Should You Consider a Prenuptial Agreement in North Carolina?
Couples in North Carolina utilize prenuptial agreements for several reasons. Still, the most common ones are financial concerns, child care, future planning, and ensuring your estate plan can be followed out.
Unless one or both sides have significant assets or income, many couples do not consider obtaining a prenuptial agreement. Even if one partner has few assets or sources of income now, a prenuptial agreement can still be advantageous to both parties.
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A prenuptial agreement can assist in resolving disagreements over money and estate planning that become intractable in many marriages because it specifies that each partner's separate property can get customized to meet your estate plans and get written to fit you and your spouse's specific needs and wishes.
In other words, a prenuptial agreement can aid couples in avoiding the conflict that leads to divorce in the first place, protecting them both in the case of divorce. A prenuptial agreement encourages honesty by requiring transparency; if either party fails to reveal their financial condition fully, the court may declare the prenup invalid.
Nevertheless, not everyone should enter into a prenuptial agreement. All the matters you discuss in a prenuptial agreement might remain covered under state law. Another possibility is that the time is off discussing financial plans and concerns may be better left for a "postnuptial" arrangement signed after you get married. Therefore, before considering whether to create trust in any scenario, consulting with an experienced attorney is advisable.
How Can You Handle Common Conflicts in Prenuptial Agreement in North Carolina?
A prenuptial agreement dispute may occur during the creation of the agreement or when one spouse tries to enforce the contract. Hence, couples should collaborate to weigh the advantages and disadvantages before signing the agreement.
When a couple cannot agree on the conditions, mediation and the assistance of the partners' respective lawyers may help resolve the situation and create a compromise that both parties can support. Prenuptial agreements can have "sunset" clauses that determine when they should end, or they can be perpetual as one of the spouses might allege that they were coerced into making the arrangement.
So it is best to hold off on drafting a prenup until you can both consent voluntarily. These threats are diminished considerably when each spouse works with their counsel. However, even if a clause is unenforceable, the court may decide to uphold legitimate clauses that do not depend on the unenforceable clause. Moreover, a prenuptial agreement might assist the parties in beginning their marriage in an environment of trust and honesty because it requires complete disclosure to be legal.
Conclusion
While a prenuptial agreement can help safeguard your finances, you cannot use it to determine child custody. And any custody decision must be made with the child's best interests in mind. Since a kid's best interests must be determined at the time of the parent's separation or divorce, prenuptial agreements are, therefore, unable to specify who will have custody of the child and under what circumstances. So if you are planning to create a comprehensive North Carolina prenuptial agreement, do not wait more to hire our expert attorneys at Contracts Counsel.
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Meet some of our North Carolina Prenuptial Agreement Lawyers
Taylor A.
After starting my professional career in Human Resources in the Healthcare and Non-profit fields, I decided to expand my options and attended law school, passing the North Carolina bar in 2016. Since then, I have practiced in-house for healthcare companies, in the civil rights arena, and run my own business. I am currently looking to return to my legal roots and am excited to practice business law again.
Brian J R.
Immigration expert with over 30 years’ experience focused on start-up companies H-1, L-1, E, O-1 visas. PERM and extraordinary ability immigrant visas. Complex family immigration cases and waivers. I also assist early stage comapnies in entity formation and general legal matters for start-up companies in the areas of Telehealth, Technology and International Trade.
September 15, 2023
Sarah F.
Sarah brings together her accounting and legal background to help solve client problems. Sarah couples her broad, general commercial legal background with our client’s international and business problems to arrive at elegant solutions that work for their business.
November 16, 2023
Robert W.
I am an experienced Intellectual Property attorney registered with the USPTO and have managed my solo practice for over a decade. As part of my practice, I handle trademark and patent concerns for my clients. I’ve performed extensive prior art searches, drafted patent applications, and prosecuted patents across a broad range of technologies. I've helped my clients secure protection for both standard character and special form marks across a a variety of classes from candles to dog collars. I believe, as an IP attorney, that I can facilitate the development of new technologies by protecting your rights from infringement or helping you enter the market by establishing those rights from the ground up. More importantly, I believe it should be an open and affordable process that’s accessible to anyone pushing the bounds of innovation.
December 7, 2023
Adam T.
Legal professional with 10+ years of Fortune 500 in-house and AmLaw 50 law firm experience in crafting multi-pronged litigation, regulatory, and public policy strategies and negotiating pioneering, high-stakes global cloud services and digital content distribution deals.
February 20, 2024
John V.
Education: Georgetown Law (83), Yale (75- BA in Economics), Hotchkiss School (1970). Practice areas have included commercial litigation, individual litigation, and securities litigation and arbitration.
February 27, 2024
V. Yvette S.
I am a highly skilled attorney, fluent in English and Spanish with 20 years of legal experience and 8 additional years of real estate, project finance, banking, financial, securities, and start-up company experience. I worked 6 years with 2 international law firms and handled extremely complex work for all types of clients, 3 years with a Federal Government Regulator, and 5 years in various compliance management positions at national and international financial institutions. I am licensed in New York and North Carolina. I will handle federal litigation on a non-contingency basis. I also practice Appellate Advocacy for constitutional, employment, consumer, and corporate laws. I am skilled in many different NY and NC laws. I have successfully represented clients with state and federal regulatory investigations. I can help you with the FDA, SEC, OCC, CFPB, FDIC, FR and certain state regulators.
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Browse Lawyers NowEstate Planning
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect estate planning?
I am getting married soon and I am interested in understanding how a prenuptial agreement would affect my estate planning. I would like to know what steps I should take to ensure that my assets are protected and that my wishes are carried out after I pass away. I am also curious as to how a prenuptial agreement might affect the distribution of my assets to my family members and other beneficiaries.
Briana C.
A prenuptial agreement does not create an estate plan. But it can do two things. First, a prenuptial agreement can create a contractual promise on the part of one or both spouses to do something in particular with their estate plan (such as promising to leave the marital home to the surviving spouse, or promising to leave everything they have to the surviving spouse, or promising to set up a trust, etc. etc.). If this contractual promise is broken, the surviving spouse has a contract claim against the estate of the dead spouse. Second, and almost the opposite, in a prenuptial agreement one or both spouses can waive the rights they would otherwise have by statute, thus freeing up the other spouse to do whatever he or she wants with her estate plan. Without a prenuptial agreement, a surviving spouse is entitled by statute to inherit a certain proportion of the estate of the dead spouse (the exact proportion depends on whether or not the dead spouse has a will, and/or has surviving children). The prenuptial agreement can override these statutory rights and provide that the surviving spouse is not entitled to inherit anything from the dead spouse, except for anything the dead spouse may choose to leave the surviving spouse in his or her will.
Family
Prenuptial Agreement
New York
Prenup
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Jane C.
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Family
Prenuptial Agreement
Texas
Can a prenuptial agreement be challenged in court?
I am recently engaged and am considering entering into a prenuptial agreement with my fiancé. We have differing financial backgrounds and I am concerned that the agreement may not be fair to either of us. I want to understand if a prenuptial agreement can be challenged in court and the conditions under which this could happen.
Nicole P.
Texas calls prenuptial agreements "Premarital Agreements". These agreements, just like any other contract, can be challenged in court. A challenge to the agreement does not mean it will be found invalid, however. Surviving a challenge to the premarital agreement is primarily accomplished all the way back to when the agreement is drafted and executed. There are requirements or prohibitions for the agreement terms to be valid, which are too numerous to list here, but can be found in the Texas Family Code, chapter 4. In Texas, no consideration is required, but the Agreement must be in writing, and signed by both parties. It must be free from fraud and duress, and entered into voluntarily. It cannot be unconscionable, and the parties must provide a fair and reasonable disclosure of the property and financial obligations (unless waived). Enforcement of a premarital agreement falls under the Texas Family Code 4.006. Additionally, any provision that would adversely affect the support of children is going to be prohibited. Conservatorship and possession/access (custody and visitation) will always be determined by the Court under the best interest of the children standard, regardless of what may have been put into the agreement. The best way to survive a challenge is to hire a competent attorney to draft the agreement, ensure the agreement complies with the Texas Family Code, provide a fair and reasonable disclosure from both parties, both parties being represented by their own attorney when entering into the agreement, and ensuring the agreement is available for review far in advance of the wedding date.
Family
Prenuptial Agreement
Massachusetts
How does a prenuptial agreement affect taxes?
As a couple planning to get married, my partner and I are concerned about the tax implications of a prenuptial agreement. We are wondering if entering into a prenuptial agreement will have any impact on our tax obligations or if there are any specific tax considerations that we should be aware of. We are seeking advice from a lawyer who can provide us with guidance on this matter.
Briana C.
A prenuptial agreement does not in itself affect how taxing authorities will treat the spouses. But it can create promises between the spouses toward one another. For example, it may create a promise to file jointly, or specify that they are making no such promise. And it can create a promise by each spouse to pay the other back for any taxes the other pays on his or spouse's behalf. The decision whether to file jointly or separately does have tax implications with taxing authorities.
Family
Prenuptial Agreement
California
Are prenuptial agreements public record?
My partner and I are considering signing a prenuptial agreement before getting married. I want to keep it confidential and I'm not sure if we have to file this with the state or when we get married and would be publicly available?
Michael M.
Prenuptial Agreements are private agreements between the parties. They are typically not public, however, if the matter goes to court, they can be made part of the public record.
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