If you want to protect assets gained during a marriage, learn how to get a…
Prenuptial agreements have gotten a bit of a bad reputation in recent years. The fact is though, no matter what your income level or assets, NC prenuptial agreement laws offer important protections for couples about to walk down the aisle. After all, a good prenuptial agreement is achieved through honesty, communication, trust, and fairness: what better foundation is there for a healthy marriage?
If you're planning for your big day, sometime between booking the venue and finalizing your playlists, you may want to consider working with an experienced attorney in North Carolina to come up with a prenuptial agreement that gives you both peace of mind. Our family law attorneys serve residents of Pinehurst, Raleigh, Fayetteville, and beyond. Contact us for help with creating your marriage contract or prenup, or keep reading to learn about why you should get a prenuptial agreement!
What is a Prenuptial Agreement?
First things first: what exactly is a prenuptial agreement? A prenuptial agreement—also called a prenup—is a contract drawn up between two parties before they are married. It is meant to outline marital rights as well as the division of assets, financial and otherwise, in the event of a divorce or death.
What Does a Prenuptial Agreement Cover in North Carolina?
Here are just some of the things a Prenuptial agreement in NC can cover:
- Property division
- Each spouse's right to individual and marital property and property management
- Each spouse's agreed upon spousal support
- Each spouse's inheritance from life insurance policies
What Cannot be Covered by a Prenuptial Agreement in North Carolina
Other issues in addition to those mentioned above may be addressed in the prenup, but there are some exceptions. A prenup cannot, for instance, cover:
- Child support
- Child custody
- Child visitation
- The division of household labor or any other day-to-day concerns
A prenuptial agreement can’t be used to reduce or take away the financial support children are entitled to from their parents in any event. It also cannot enforce any child custody choices, as the best custody choice for the child has to be made based on the circumstances at the time of the separation. Basically, a prenup cannot impede the rights of the couple's children.
A prenuptial agreement can also not be used to completely eliminate the amount of spousal support you will be required to provide. In other words, you cannot leave them without any support at all.
NC Prenuptial Agreement Laws
NC Prenuptial Laws follow the guidelines of the Uniform Prenuptial Agreement Act. This act outlines a few standard guidelines for each prenup:
- The agreement must be in writing
- It must be signed by both future spouses
- Amendments can be made throughout the marriage, but they must be agreed upon by both parties and signed by both parties
- Notarization is recommended, but not required
- The prenup doesn’t take effect until the marriage is official
They are enforceable without consideration, except for in a few very specific cases. For example, if it can be proven that:
- One spouse did not sign the agreement willingly
- The agreement itself is deemed "unconscionable" due to factors like undisclosed financial debts
How Much Does a Prenuptial Cost in North Carolina
Drafting up and filing a prenup does come at a bit of a cost, but most find the price well worth it. On average, a prenuptial agreement in North Carolina costs around $866.
Can Anyone Get a Prenuptial Agreement in North Carolina?
Yes, NC prenuptial agreement laws dictate that any couple who would like to get a prenup is entitled to. This is true regardless of the total value of your assets and your income.
Find Family Law Attorneys in Raleigh
If you’re getting married in Raleigh and are interested in learning more about drafting your prenuptial agreement, an experienced family law attorney can help.