Prenuptial, Postnuptial, and Separation & Property Settlement Agreements
North Carolina family law doesn’t just cover the consequences of separation and divorce, but also how you can protect your assets before and after your marriage is legalized.
People contemplating marriage and some people even after marriage want to set out what their rights will be in the event their marriage fails. Under North Carolina law they have the right to enter into an agreement before or during marriage which we call prenuptial or post-nuptial agreements. These agreements can set out how parties are going to divide their assets and obligations in the event they separate. These agreements can also limit or even waive the right to spousal support or alimony.
Such agreements can be the most expedient and least expensive alternatives available. Parties should negotiate efficiently to reduce expense and avoid going to court. At Warren Family Law, we will explain your options clearly from the beginning and continue to communicate them as things progress—a hallmark of our practice is keeping our clients in the know, as we take care of their most important legal needs. We will be as vigilant about the time and money you spend as we are to working aggressively toward achieving your goals.
If you and your fiancé or spouse are considering formulating any of these agreements, we encourage you to reach out to us today.
A premarital agreement means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. It is governed by Chapter 52B: the Uniform Premarital Agreement Act in the State of NC.
What can be included in a premarital agreement?
A number of elements, including:
- Property Rights (Right to buy, sell, use, transfer, exchange, etc.)
- Disposition of property
- Modification or elimination of spousal support
- Ownership rights in and disposition of the death benefit of Life Insurance
It becomes effective upon marriage.