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Why Prenuptial Agreements Make Sense

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 issues.

Many people who plan to marry are hesitant to ask a partner to sign a prenuptial agreement, fearing that it will remove the romance from the relationship. It can even be interpreted as an expectation that your marriage will fail.

A Different Way To View Prenuptial Agreements

At Ellis Family Law, P.L.L.C., with offices in Durham and Pittsboro, we view premarital agreements from a different perspective. A prenuptial or premarital agreement is a way to plan for a worst-case scenario. These agreements protect you and your partner in the event a marriage does not last, spelling out rights and responsibilities regarding property division or spousal support in detail in order to avoid costly litigation down the road.

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 if one party pays for a particular asset that is titled to him or her, it is still considered marital property and is subject to division through equitable distribution. A prenuptial or postnuptial agreement can avoid disputes and carry out parties’ true intent.

Did You Know?

  • You and your spouse can talk with 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.

Learn More About Why Prenuptial Agreements Make Sense

We welcome the opportunity to answer your questions regarding prenuptial agreements and explain further why they make good sense. Call 919-944-4811 (Durham) or 919-891-8838 (Pittsboro), or fill out the contact form on this site to schedule a consultation.