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, Pittsboro and Wake Forest, we serve clients looking to draft prenuptial agreements throughout the Triangle area. 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, 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 the parties’ true intent.
Did You Know?
You and your spouse can talk with each other about what would happen if you separated or divorced. However, the court can’t enforce the agreement unless it is in writing and properly drafted and signed. This is why it’s crucial to create a legal prenuptial agreement.
We understand that there is a stigma around prenups and many people find them to be unromantic. However, protecting your interests in a marriage isn’t something to be ashamed of. It’s a smart strategy that ensures you are protected in the event of a divorce. Prenups are especially useful for people who have significant assets such as large inheritances or multiple real estate properties. Blended families can also benefit from the security a prenuptial agreement may provide.
By getting your prenuptial agreement written and signed, you can move forward with your marriage with more confidence. Our attorneys can help you through this process.
Prenuptial Agreements Versus Custody And Support
While prenuptial agreements allow you to make decisions regarding issues such as property division or spousal support, you cannot include anything regarding child custody or child support. Only the courts can make the final decision regarding child custody and support, as they must consider the best interests of the child.
Understanding Postnuptial Agreements
If you and your spouse did not consider a prenuptial agreement before marriage, don’t worry. You can still take steps to protect your assets and interests after marriage through a postnuptial agreement. This type of legal contract is executed between married couples and offers peace of mind in the event of a divorce. Like with prenuptial agreements, you can establish how to handle property division and other factors in your postnuptial agreement.
For example, if a spouse comes into a significant inheritance during the marriage, a postnuptial agreement can help establish how that inheritance will be treated. Likewise, if a spouse starts a new business during a marriage, a postnuptial agreement may help protect the company from property division if a divorce occurs. Our attorneys can help you set up a postnuptial agreement that considers all your specific goals.
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 Ellis Family Law in Durham, Pittsboro or Wake Forest at 919-944-4811 or fill out the contact form on this site to schedule a consultation.