Prenuptial Agreements

Durham-Chapel Hill-Raleigh Board Certified Prenuptial Agreement Lawyer

Serving the Triangle Area

Many people who plan to marry are shy about asking their partner to sign a prenuptial agreement. It's not very romantic. It can even be interpreted as an expectation that your marriage will fail. Led by Gray Ellis, Esq., we have a combined fifty years of experience serving clients in Durham-Chapel Hill, and Gray is one of only a few practicing attorneys in Durham County to be certified as a family law specialist by the North Carolina Board of Legal Specialization. Ellis Family Law looks at premarital agreements from a different perspective.

A prenuptial or premarital agreement is a way to pre-plan what would happen − in a worst-case scenario − if the marriage doesn't work out. These agreements serve as a way to protect yourself and your partner and to determine what your rights & responsibilities are without a court having to do so after the fact.

Prenuptial agreements are contracts signed by both parties prior to the date of marriage. A prenuptial agreement can resolve any issues that might arise in a divorce except for child custody and child support.

A prenuptial agreement can include a waiver of alimony. However, if a dependent spouse would become a ward of the state without alimony, then the court would take the waiver out of the agreement.

Even if the parties keep their finances separate, or one party pays for a particular asset which is titled to him/her, it is still considered "marital" property & subject to division between the two of you through equitable distribution. A pre-nup, can avoid this result and carry out the parties' true intent.

Did You Know?

  • You and your spouse can talk to each other about what would happen if you separate or divorce. However, the court can't enforce the agreement unless it is in writing and properly drafted and signed.

For more information about prenuptial agreements: Call Ellis Family Law at 919-688-9400 or fill out the contact form on this site.

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