Legal Documents

Premarital Agreements

Do you and your fiancé want to agree in advance on property and finance issues? Premarital agreements, also known as prenuptial agreements (or “prenups”) are helpful for dealing in advance with issues that might arise should the marriage not survive. They are also useful to establish certain ownership rights or financial expectations before marriage.

These discussions may be perceived as difficult or unromantic. However, you may find comfort in knowing you have dealt with these important issues in advance.

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Why You May Need a Premarital Agreement:

  • You have pre-marriage assets that you want to remain separate property after the marriage. Or, you may have children from a previous marriage.
  • You recognize the possibility of divorce and desire to make decisions about assets and responsibilities before the relationship becomes strained.
  • Even without looking toward a possible divorce, spouses may have financial or estate planning reasons making a premarital agreement advisable.

Is a Premarital Agreement right for you?

We understand that discussing a prenup before the marriage may be a difficult conversation. A helpful way to look at a premarital agreement is to compare it to estate planning. Estate Planning conversations may also be difficult, but the costs of not discussing these important issues can be significant. We can help you figure out how to have that conversation.

Frequently Asked Questions

What if our financial circumstances change after we get married?
A well-drafted Premarital Agreement can anticipate and address many of these changes. However, if things change to such a degree that your Premarital Agreement no longer works for your situation, we can help you create an Agreement Between Spouses that addresses your current situation.
Why can’t we just write down our terms and each sign that document?
You may certainly do that.  However, you would be better served by having a North Carolina attorney draft a specific and legally enforceable agreement in order to avoid confusion and conflict. Your handwritten document may not be enforceable in court.
What issues can we address with a Premarital Agreement?
A Premarital Agreement can address property division, child custody, child support, spousal support (alimony), and other issues that would arise if the marriage ends. A premarital agreement can also address ownership rights, estate planning, and other financial expectations.
What information do you need to draft a Premarital Agreement?
We would need the names of both parties and all the terms that the parties have agreed to.
What if I want a Prenup, but my future spouse does not?
In order for a Premarital Agreement to be valid, both parties must agree.  However, we can draft a proposed Agreement, based on your needs and desires, which you can share with your future spouse.  This would be a good place to begin your discussion and negotiations with your spouse-to-be.
Notice and Disclaimer
• No lawyer-client relationship is established until the services are agreed upon and the fee is paid.
• All documents and legal advice are based solely on the information provided by the client.  
• The lawyer-client relationship is limited to the preparation of the document or the legal advice purchased.
• Irvine Law Firm does not provide tax or financial advice.  All documents and legal services are based on North Carolina law.
• The relationship ends upon transmittal of the final version of the document or the purchased legal advice.
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