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Greensboro Prenuptial Agreement Attorney

Need a Prenup? Let Us Help You With A Premarital Agreement.

The family law attorneys at Arthur & Kirkman draft prenuptial agreements and postnuptial agreements, offer sound counsel as to the terms of premarital agreements, and provide quality and knowledgeable advice to the issues which can be resolved and the terms of any prenuptial agreement.

Prenuptial and postnuptial agreements are not only for the wealthy but can be used by individuals of all means. Many people who utilize prenuptial agreements are individuals who want to make sure their marriage will last. Because every situation is different, our family law attorneys will review and analyze with you the pros and cons of entering into a prenuptial agreement based upon your own needs and circumstances. Our experienced lawyers will help you ensure that your premarital agreement will reflect your personal needs and goals. Often the prenuptial agreement will set forth each spouses’ rights and obligations during the marriage, giving each spouse the peace of mind and foundation to build a future together. A premarital agreement can address:

Alimony and spousal support rights or responsibilities are in the event of a divorce
Property division in the event of a divorce or the death of one of the spouses; and
Establish responsibility for premarital or postmarital debts such as credit cards, mortgages, student loans, etc

As experienced divorce lawyers and family law attorneys, we understand the stress involved in a divorce or the death of a spouse. A comprehensive prenuptial agreement can reduce the stress by ensuring that there is a plan to move ahead and avoiding costly, extended, and often unpleasant litigation in the event of a separation or death of a spouse.

Explore Frequently Asked Questions About Prenuptial Agreements

Want to know more about Premarital Agreements? Explore some of the frequently asked questions about prenuptial agreements below. Still want to know more, the family law attorneys at Arthur & Kirkman are available for a no-obligation consultation to help you determine whether a prenuptial agreement is right for you.

In its simplest terms, a prenuptial agreement (also known as a premarital agreement, but most commonly known as a “prenup”) is a written agreement between two people who are about to marry. A prenup are written to allow a couple to agree on marital rights that would supersede and replace the default state marriage and estate laws that often force couples to lawyer up and battle things out in court if they separate. A well-drafted prenup sets the rules by which a married couple operates should they ever separate and/or divorce in the future as well as a spouse's rights in the event of the death of the other.

If you are considering marriage, yes! Considering whether a prenuptial agreement is a crticial part of wedding planning and is best to be done early in the wedding planning process.

Smart, responsible adults routinely prepare for disasters. While it is not fun to do, responsible adults purchase insurance to guard against disasters, prepare and sign a will in well in advance of death (even if such is not imminently foreseeable), as well as expend funds to shelter and protect themselves in the event of an unknown storm. Likewise, given the high rates of divorce, having a prenuptial agreement is often the smart and responsible thing to do in advance of a wedding.

Prenuptial agreements are attractive to couples from all walks of life for the following reasons:

Ensure you’re on the same page financially
Create financial transparency
Set clear expectations
Protect your assets and business interests
Secure an inheritance
Avoid being held responsible for a partner’s debt
Provide financial security for one or both spouses
Prevent nasty or expensive court battles
Protect the financial interests of children

No. A prenuptial agreement can provide for some guaranteed amount of alimony or none at all. It is the choice of the future spouses when making the agreement. In making a premarital agreement, you and your fiancé can agree on (1) a certain amount of alimony for a certain amount of time, (2) a certain amount of alimony for an indefinate amount of time, (3) a varying amount of alimony based on various conditions for a varying amount of time based on various conditions, or (4) no alimony at all.

In a prenuptial agreement, a couple can include what is known as a sunset clause. In its simplest form, a sunset clause is a provision which causes the agreement to end, expire, or 'sunset' after a certain period of time or a certain event. In a more complex form, a 'sunset' clause changes the terms of the agreement when a certain period of time or certain event occurs. Examples of such events that some couples choose to include are the birth of a child or the couple reaching a specific anniversary. A sunset clause can provide flexibility and adaptability in your prenuptial agreement as your relationship evolves over time.

Prenuptial agreements offer valuable protection for both fiancé/spouses entering a marriage, but only when drafted correctly. A poorly written prenup can be challenged in court or deemed unenforceable, leaving you without the protections you thought you had secured. Likewise, an improperly executed agreement or an agreement containing unlawful terms may also be challeneged in court, leaving you without the protections you through you had secured and relied upon. Common issues include:

Waiting Until the Last Minute. Timing matters significantly when creating a prenuptial agreement. Courts may invalidate contracts signed under duress or without adequate time for review. North Carolina law doesn’t specify an exact period that needs to occur between when a prenuptial agreement is signed and the date of the wedding, but presenting a prenuptial agreement to your fiancé just days or hours before the wedding raises red flags. Each party to the agreement needs sufficient time to review the terms and have an opportunity to consult with your own attorneys. Rushing this process suggests to the court that one party didn’t have a fair opportunity to understand what they were signing. Most family law attorneys recommend finalizing prenups at least 30 days before the wedding, though earlier is better.
Using Generic or Online Templates. Downloaded templates and one-size-fits-all forms rarely address the specific needs of your situation. North Carolina has particular requirements for prenuptial agreements that generic documents may not satisfy. Sometimes these templates contain provisions that conflict with North Carolina law.
Including Improper, Unlawful Provisions. Prenuptial agreements cannot determine child custody or child support arrangements. Including improper or unlawful provisions does not just make those provisions unenforceable, it can call the validity and enforceability of the entire agreement into question. A Greensboro Family Law Attorney can help you understand which matters belong in a prenuptial agreement and which must be handled separately.
Failing to Meet Disclosure Requirements. In most instances, the couple must properly disclose to each other full, complete, and accurate information about their assets, debts, income, and property if they do not have proper or sufficient waivers of such legal requirements. Failing to do so can render the entire agreement unenforceable.
Hiring the Wrong Lawyer. A well-drafted prenuptial agreement provides peace of mind and financial clarity. Taking the time to do it right means working with experienced legal counsel and creating terms that comply with North Carolina law. Don’t let preventable mistakes undermine the protection you’re seeking for your marriage and your future.

While there is no requirement that an attorney prepare your prenuptial agreement, there is also no substitute for competent legal representation, guidance, and experience. To avoid the possibility that a court will one day declare your prenuptial agreement invalid (after having potentially relied on its terms for year and having structured your life with an understanding of how you thought it might apply to the future), it is best to have an experienced matrimonial attorney draft your agreement. Having an experienced Greensboro family law attorney work with you to draft the terms and provisions of your prenuptial agreement will ensure that you are properly protected. Competent legal guidance can mean the difference between a prenuptial agreement that will be upheld and one that may be set aside or overturned by a court in the future. A small investment in expert legal representation can save you a lifetime of regret.

As you consider your future with your partner or prepare for marriage, you may be considering a prenuptial agreement. Whether you are in the early stages of making plans with your partner or are certain you want to move forward with a prenuptial agreement, an important step is meeting with an attorney. When meeting with an attorney regarding a prenuptial agreement it is important to ask the right questions and gather the right information so you ensure you hire the right attorney for your needs.

Some questions to ask when meeting with an attorney:

How long have you been handling prenuptial agreements?
Have you ever litigated (took to court) disputes over prenuptial agreements and other family law agreements? (if the answer is no, you are at the wrong law firm)
Do you litigate (and try to verdict) issues of divorce? (if the answer is no, you are at the wrong law firm)
What documentation or information will I need to provide in order to have the prenuptial agreement prepared?
What are the options for debts or liabilities incurred during the marriage?
What are the options for spousal support based on your individual situation and possible future situations?
What are the options for how income will be treated during the marriage (will it be considered separate property or marital property)?
What are the options for protecting retirement accumulated during the marriage?
How can I protect current and future business interests?

While prenuptial agreements can benefit all couples, there are several scenarios when prenuptial agreements are highly advisable. These include:

If one (or both) of you has children from a previous relationship.
If one (or both) of you are a business owner.
If one (or both) of you has significant assets.
If one (or both) of you has significant debts.
If one (or both) of you has an anticipated inheritance.
If one fiancé is significantly wealthier than the other.
If one fiancé is making a career sacrifice for the marriage.
If either fiancé is getting married later in life.
If you want clarity and predictability for the future.

No. As by definition, a prenuptial agreement / premarital agreement is an agreement entered into prior to a couple's marriage; the couple cannot get a prenuptial agreement after they have been wed. However, a couple can enter into a postnuptial agreement after they have married. For most things, a postnuptial agreement can do the same things that a prenuptial agreement can accomplish, with one notable exception. The notable exception is that a postnuptial agreement cannot set limits or otherwise determine spouse support or alimony.

At Arthur & Kirkman Attorneys at Law, we provided skilled legal representation to clients in Greensboro, High Point, Oak Ridge, Summerfield, Pleasant Garden, Jamestown, Gibsonville, Guilford County and the surrounding areas. Contact our office today at 336-274-7898 to arrange a consultation with an experienced and top rated Greensboro divorce & family law attorney to protect you and your interests.

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