- What is a Prenuptial Agreement in NC?
A prenuptial agreement is a contract between two individuals who plan to marry – which they sign prior to their marriage. It can contain a variety of issues relating to marital matters in the event the couple separates, divorces or a spouse dies. The agreement becomes effective at the time the couple marry.
- Benefits of a Prenuptial Agreement
A well-planned and well-written prenuptial agreement is a way to plan for the unpleasant possibility that a marriage may fail. Given modern marital statistics, responsible couples are wise to consider all eventualities and pre-plan for their protection and comfort. This allows the couple to determine their own futures without having a judge do it for them.
- Can I Get Out of My Prenuptial Agreement?
Prenuptial agreements are binding contracts if they are executed in good faith. However, North Carolina provides for invalidating the agreement if you did not execute the prenuptial agreement voluntarily or if the agreement was “unconscionable,” or essentially unfair, when it was executed.
- Do I Need an Attorney for a Prenuptial Agreement?
Prenuptial Agreements can be complicated contracts. A legal mistake can have profound consequences. Couples sometimes feel awkward expressing their wishes in writing the agreement. An experienced family law attorney who is sensitive to the emotional issues can make the process more comfortable, ensure that your prenuptial agreement leaves nothing out – and can aggressively defend the contract in court if necessary.
