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. Not executing the prenuptial agreement voluntarily can include issues such as being coerced, hurried,...
Approaching your fiancé about a prenuptial agreement can be a delicate conversation. Some people incorrectly see a premarital contract as an acknowledgement that the marriage will likely fail. However, there are many good reasons for having 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...
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. Issues generally covered in a prenuptial agreement are details about property division,...
There are times when frivolous and false allegations are made in domestic violence complaints. If you are innocent of a domestic violence allegation made against you, take steps immediately to write a narrative of what happened. Also write down names and phone numbers of witnesses, if any. If you are innocent, you should never attempt to represent yourself in a domestic violence hearing in...
You do not have to allow someone to abuse you – or your children if you have them. North Carolina laws provide many protections from domestic violence. Contact an experienced North Carolina family law and domestic violence attorney who can advise you about the legal options available. You can free yourself from the fear of an abusive partner and legally protect yourself from injury.
Many victims of domestic violence get caught up in a cycle of blaming themselves for the abuse because they believe they weren’t submissive enough or they said something to aggravate the abuser. When being interviewed by law enforcement, do not make statements taking responsibility for the assault or threats made by the abuser. Do not make excuses for the abuser. There is no excuse for abusive...
The term “domestic violence” is used to describe a category of abusive behaviors or crimes and is not – in and of itself – a specifically defined crime. So when you describe your abuse to a law enforcement officer, state what the specific abuse was. It can include crimes such as rape or other sexual abuse, assault or attempted assault, criminal trespass, spoken or written threats,...
If you have been beaten or threatened, call the police or sheriff’s department as soon as you can safely do so. Ask the officer to make a report and take pictures if you have injuries. Write down the officer’s name and badge number so you know who to call as a witness in a civil or criminal action. When the officer arrives, give him or her any evidence you have of the abuse (such as torn or...
In our state, domestic violence is covered by North Carolina General Statute §50-B. This statute covers current or former spouses; persons of the opposite sex who live or have lived together; persons who are related as parents and children; persons who have a child in common; persons who are current or former household members; and lastly, persons of the opposite sex who are or have been in a...
Your abuser can face both civil and criminal actions which can be filed at the same time. If you have been assaulted or threatened, you can go to a local magistrate and take out a warrant against the offender. You can file a civil lawsuit against your abuser to get assistance – in addition to the Domestic Violence Protective Order – such as temporary possession of your home or access to some...
