PREMARITAL AGREEMENTS

START YOUR MARRIAGE OFF RIGHT

A premarital agreement (more commonly known as a prenuptial agreement, or “prenup”) is a contract that two parties enter into before they marry. This contract lays out what the couple will do with various assets and rights in the event of a divorce or death of a spouse.

When people think about a premarital agreement they tend to think about issues of trust between the spouses and ensuing divorce, but premarital agreements are also made to help organize affairs if one spouse were to die.

The one thing that North Carolina law clearly states cannot be contained in a premarital agreement is anything that adversely affects a child’s interests.

A premarital agreement is a way to protect yourself before you enter into the lifelong commitment of marriage. It is important to have an attorney draft and execute a premarital agreement for you so that the agreement will be enforceable and it will be written to best protect whatever you want to include in it.

If you are considering a premarital agreement, call the attorneys at SeiferFlatow today at 704-512-0606 to set up a consultation.

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WHY SHOULD I GET A PREMARITAL AGREEMENT?

While some people may say that a premarital agreement interferes with the romance in a marriage, it is just as easy to say that they are pivotal in keeping a marriage practical.

A good analogy to use here is whenever you get in your car you put on a seatbelt, not because you know you are going to wreck, but because there is a possibility that unforeseen things could occur in the future and you want to be protected. A premarital agreement is a great tool to do just that.

WHAT DOES A PREMARITAL AGREEMENT COVER?

A premarital agreement can cover a wide array of different issues. North Carolina follows the Uniform Premarital Agreement Act, and that Act states that the following may be agreed to in a premarital agreement:

  • The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  • The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  • The division of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  • The modification or elimination of spousal support;
  • The making of a will, trust, or other arrangements to carry out the provisions of the agreement;
  • The ownership rights in and disposition of the death benefit from a life insurance policy;
  • The choice of law governing the construction of the agreement; and
  • Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

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