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What is a prenuptial agreement?
A prenuptial agreement (prenup) is a written
contract created by two people before they are
married. A prenup typically lists all of the
property each person owns as well as any debts,
and specifies what each person's property rights
will be after the marriage if there is a divorce.
Do I need an attorney to draft or review
my prenuptial agreement with me?
Both you and your fiancé should each hire an
attorney to individually represent you in the
drafting and review of your prenuptial agreement.
An experienced family law attorney can help
you define your short-term and long-term goals
in reaching an agreement with your fiancé.
Can payment of spousal support be waived
under the terms of my prenuptial agreement?
Yes, spousal support may be waived under the
terms of a prenuptial agreement. However, under
North Carolina law, state courts will ignore
a spousal support waiver in a prenuptial agreement
if the court believes that the agreement was
unfair to the spouse who waived his or her right
to spousal support.
I do not have a lot of money or property
going into this marriage. Do I really need a
prenuptial agreement?
Prenuptial agreements are not just for the rich.
While they are often used to protect the assets
of the wealthy, couples of more modest means
are increasingly turning to them for their own
purposes. For example, a marrying couple with
children from prior marriages may use a prenup
to spell out what will happen to their property
when they die, so that they can pass on separate
property to their children. Without a pre-nuptial
agreement, a surviving spouse might have the
right to claim a large portion of the other
spouse's property, leaving much less for the
kids.
What happens to my property if I do not
have a prenuptial agreement?
If you do not make a prenuptial agreement, state
laws will determine who owns the property that
you acquire during your marriage, as well as
what happens to that property at divorce or
death. In the absence of a prenup stating otherwise,
a spouse usually has the right to:
- share ownership of property acquired
during marriage, with the expectation that
the property will be divided between the
spouses in the event of a divorce or at
death;
- incur debts during marriage that the
other spouse may have to pay for; and
- share in the management and control
of any marital or community property, sometimes
including the right to sell it or give it
away.
Want more information?
The attorneys at Haas McNeil & Associates,
P.A. will be happy to assist you through the
complex legal process. Commitment and responsiveness
to our clients' needs are our top priorities.
Please contact us at 1-866-783-9669,
or via our online contact
form, to get more information and schedule
a consultation with one of our attorneys about
Prenuptial Agreements.
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