Prenuptial Agreement Lawyer in Raleigh
A prenuptial agreement isn’t just for the wealthy—it’s a practical tool that can provide clarity and security for both partners entering into marriage. Whether you’re bringing significant assets into the marriage, expecting an inheritance, or simply want to ensure that both parties are on the same page financially, a well-drafted prenuptial agreement can protect your interests and prevent future disputes.
At Doyle Divorce Law in Raleigh, our experienced prenuptial agreement attorneys specialize in crafting tailored prenuptial agreements that reflect your unique situation and priorities. We understand the sensitive nature of these discussions and are here to guide you through the process with professionalism and care, ensuring that your marriage protects your financial future.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly known as a “prenup,” is a legally binding contract that a couple enters into before getting married. A valid prenuptial agreement outlines how certain assets, debts, and other financial matters will be handled during the marriage and in the event of a divorce or death. Premarital agreements are designed to protect each spouse’s individual interests, provide clarity on financial responsibilities, and prevent lengthy and costly disputes should the marriage end.
Is Getting a Premarital Agreement a Negative Start to a Marriage?
Contrary to common misconceptions, getting a premarital agreement, or prenuptial agreement, is not a negative start to a marriage. In fact, many couples find that it strengthens their relationship by fostering open communication about financial security and future expectations. A prenup is not about planning for divorce; rather, it’s about ensuring that both partners are on the same page and have a clear understanding of their financial arrangements, business interests, estate plans, and other asset and property rights.
A Raleigh prenuptial agreement lawyer from Doyle Divorce Law will handle your prenuptial agreement with sensitivity and care, as we understand the emotional aspects involved. Our goal is to help you create a fair and balanced agreement that reflects your unique circumstances and provides a solid foundation for your marriage. Far from being a negative start, a well-considered prenup crafted under North Carolina law can be a positive step toward a secure and harmonious future together.
The Benefits of a Prenuptial Agreement
When two people get married, they aren’t just uniting their hearts, often they are uniting their property and finances. A prenuptial agreement is a legally binding contract two people enter into prior to getting married that maps out issues of property division, spousal support, and other financial matters in the event that the marriage should end in divorce. In addition to dictating how property is divided, a prenuptial agreement lawyer can include issues related to dividing retirement funds and dividing how income is earned during a marriage.
While it’s not a romantic thought, a prenup acts as insurance in the event of a divorce, similar to how car insurance is there, just in case. A prenuptial agreement has multiple benefits for both parties, including:
Protecting premarital assets
Ensuring children from a prior relationship or current relationship are cared for
Minimizing contention in the event of a divorce
Protection from a spouse’s student loans or other type of debt
Factoring in future income potential, such as how one spouse supports the other while starting a business or going back to college
Understanding Premarital vs Marital Property
North Carolina state law outlines that any property obtained prior to marriage belongs to the individual and is not subject to equitable distribution of property in a divorce settlement. However, there are gray areas in the law and a prenuptial agreement attorney can help navigate those spaces. For example, if one person owns a home and when the couple marries, they both live in the home, if the mortgage is paid or renovations are done with funds earned during the marriage, the equity accumulated could make the house a type of marital, joint property.
Similar issues related to investing funds in retirement, stock accounts, and any increase in businesses that you may have owned prior to the marriage can all affect how premarital property shifts into marital property. A prenuptial agreement lawyer can work with you to dive into those legal gray areas and create solutions.
Who Should Consider a Prenup?
While not every couple needs a prenuptial agreement, it’s important to realize that they aren’t just for people with high net worth. Some questions to ask yourself and your future spouse when deciding whether you need a prenup:
Does either spouse have children/child custody from a previous relationship or previous marriage?
Do one or both parties have property or substantial assets that they are bringing into the marriage; for example, real estate, investment/stock accounts or a retirement accounts (401(k), 403(b) or IRA?
Do you or your spouse own business assets that will be considered as separate property?
Are you engaging in an activity such as writing a book or developing a product to be patented that you will continue to be working on during the marriage?
Will you be providing financial support to your fiancé/fiancée while he or she goes to school or is beginning a new business with funds you had prior to the marriage?
Is there a concern about the potential risk of spousal support obligations in the event of a divorce?
If you or your spouse answered “yes” to any of the above, you should speak with a family law attorney about drafting a legal contract outlining property division, division of specific assets, and other legal intricacies.
What Are Prenuptial Agreement Best Practices?
If you and your partner want to have a prenup drawn up, we recommend these best practices:
Address the Issue As Soon as Possible
Instead of dropping a ball a few days before the wedding when stress and anxiety are running high, address working with a prenup lawyer at least 90 days before the wedding. It is very important that no one feel forced to sign the agreement, as this may be a basis to void the agreement later. The other party must have sufficient time to participate in the drafting and negotiation process as well as allow them time to consult with a family law attorney in Raleigh if they wish to do so.
Fully Disclose All Assets and Debits
Full disclosure of your finances and property is necessary to ensure the prenuptial agreement is legally binding. Otherwise, if information or details were left out, the contract can be considered null.
Consider a Prenup as Divorce Insurance
If your partner is skeptical about getting a prenup, frame it as a “just in case” document, like having car insurance. You don’t want to use it, there’s no reason to think you’ll need to, but it’s there if it’s needed.
Prenups do more than address the concerns that arise when a couple divorces. When trying to convince a skeptical person to sign a prenup, frame it as a “just in case” document. You don’t plan on using it, and you don’t want to use it, but you will be glad you have it if you ever need it.
Contact Our Prenuptial Agreement Lawyers in Raleigh
Ensure your marriage starts on a solid foundation with a prenuptial agreement that protects your financial future. At Doyle Divorce Law, our experienced attorneys are here to guide prospective spouses through the process with professionalism and care, crafting a tailored agreement that reflects your unique needs.
Don’t wait until after the wedding to address important financial matters—contact our prenuptial agreement lawyers in Raleigh today to schedule a consultation and take the first step toward a secure and transparent marriage.
Get started by calling us at (919) 301-8843 or filling out the contact form below.