Prenuptial & Postnuptial Agreements in Raleigh
Understanding and Forming Marital Agreements
As society progresses, prenuptial and postnuptial agreements are becoming
more and more accepted as a smart decision before, or even during, a marriage
and less of a sign of uncertainty in the requesting spouse. The entire
purpose of these forms of marital agreements is to accept and acknowledge
that no one can predict the future. Unforeseen circumstances may try even
the strongest of marriages, and it is understandable to want to have some
preparations in place, just in case.
No Harm in Expecting the Unexpected
Prenuptial agreements, as the name suggests, are created before the marriage
contract is finalized. The agreement is designed to outline the
disposition of property and finances that will go into effect once the marriage becomes official.
In a prenuptial agreement, the property of each individual is addressed,
including any legal, equitable, real, or earned property.
When designing a prenuptial agreement, the document must be signed by both
parties in writing for it to be legally valid. This may be the proper
time for you to go over this decision one more time with your soon-to-be
spouse. With a
family lawyer present, you can both ensure that the plan
is the solution you are looking for, and if it is not, you can evaluate other options.
Differences Between Prenuptial and Postnuptial Agreements
Much like a prenuptial agreement, a postnuptial agreement will address
the same important issues regarding each spouse's separate property. The
key difference is that postnuptial agreements are created after the marriage
has been made official. Once a postnuptial agreement is finalized and
legally valid, it has the same influence as a prenuptial agreement would
in the same situation.
What are the benefits of prenuptial or postnuptial agreements?
- Protecting family business assets.
- Protecting pre-marital property.
- Protection for the spouse that sacrifices a career for the marriage.
- Protection from debts incurred before the marriage.
- Provide for elderly parents in the future.
- Shielding children from possible litigation.
- The ability to provide for and pass on to children from a prior marriage.
The best postnuptial agreements are the ones that are not sprung on your
spouse in surprise. We encourage you to openly speak with your loved one
about why you want to create a postnuptial agreement. It should be explained
that it is nothing more than a legal document and does not indicate that
you believe your marriage is faltering.
Raleigh Family Law Attorneys Promoting Harmony
If you and your future or current spouse are considering entering into
a prenuptial or postnuptial agreement, it is helpful to you both, as well
as to your family, to meet with a trustworthy and caring attorney about
the requirements for a mutually beneficial agreement. At Hopper Law Office,
we are honored to say that we have helped numerous couples navigate this
tricky yet ultimately positive legal pathway. Through our dedication to
our cause and compassion for our clients, we can set you and your spouse
up for a more comfortable future.