Durham, NC Prenuptial Agreement Lawyers

Planning a wedding is something that can easily become overwhelming. From sending out invites and picking a menu to making sure those two family members who can’t stand each other aren’t sitting together, a wedding requires meticulous planning and attention to detail. What many fail to realize is that so does marriage, specifically the financial aspects.

If you haven’t taken the time to create a prenuptial agreement, we want to encourage you to do so before your big day. We understand you might be hesitant due to the common misconception that it implies a lack of trust in your future spouse. However, a prenup isn’t necessarily about anticipating the worst, but addressing the financial challenges that can arise in a marriage to prevent conflict and secure your future.

If you’re getting married soon, call Triangle Smart Divorce to request a consultation with one of our Durham prenuptial agreement lawyers to discuss creating a comprehensive prenup that can give you a sense of peace as you enter this new chapter of life.

Why Pursue A Prenup?

A prenuptial agreement is a legal contract established and signed by both you and your partner before your marriage begins. It outlines how you want your assets to be managed and any marital property distributed in the event that you get a divorce or if one of you passes away.

What many fail to realize is that even if you don’t create your own, you’re essentially signing the state’s prenup when you put your signature on your marriage certificate. By signing that, you’re agreeing to follow the laws of North Carolina if your marriage ends in divorce. These laws may not align with your priorities and wishes and there won’t be anything that can be done about it after the fact.

When you create your own prenup, you can:

  • Protect your individual assets or small business,
  • Guard yourself from your spouse’s debts,
  • Establish clear financial expectations,
  • Establish alimony/spousal support,
  • Protect your inheritance,
  • And more.

A prenup doesn’t mean you don’t love and trust your partner, it’s simply a way to get ahead of the financial discussions that will undoubtedly arise during your marriage, even if you aren’t headed for divorce.

What Can I Put In My Prenup?

While every prenup will look different because every couple is unique, under North Carolina law, you can include the following in your prenup:

  • Ownership of assets,
  • Responsibility for debts
  • Alimony or Spousal support agreements or waivers,
  • Property distribution upon death or divorce,
  • Protections for any businesses owned,
  • Mediation and arbitration clauses to keep you out of court in the event of a separation.

The only things that cannot be included in your prenup are child custody arrangements, child support details, and daily spousal duties.

What Our Durham Prenuptial Agreement Lawyers Can Do For You

We understand that prenups tend to get a bad rap, but don’t allow societal stigma to keep you from considering this important legal tool. Having a prenup can not only protect you and your partner’s interests but also open the floor for tough conversations now, which could actually be what saves your marriage down the line.

Even if you are still hesitant, our Durham prenuptial agreement lawyers can explain the steps and answer your questions to help put your mind at ease. We will ensure that your prenup is personalized and tailored to your specific situation and that it will hold up in court IF that day ever comes.

Call Triangle Smart Divorce Today To Eliminate The Drama Before It Even Begins

Allow us to be a part of your planning journey. Whether your prenup is your saving grace later in life or an essential step to ensure a smooth transition into marriage, Triangle Smart Divorce is here for you. Call now to request a consultation and discover your next steps.


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Former Client

"I would rate everything about my experience with Triangle Smart Divorce as 5 stars. The hardest step of any big decision is the first step. Jessica set the tone from the very first phone call. She was compassionate, calming and reassuring. The whole team has continued to work to maintain a supportive environment during the most difficult time of my life. I’m very grateful."


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Frequently Asked Questions


A divorce lawyer may seem like an extra expense if both parties agree on the big decisions, but the details of a divorce can be complex and hard to navigate without an expert, and getting the agreement properly written ensures that everyone has the security and clarity they need to move forward with their lives. It’s better to do it right the first time than have to keep going back and fixing mistakes. And, in some cases, you may not be able to fix your mistakes.


You should ask a potential divorce lawyer about their prior experience with cases like yours, their approach to negotiations when couples reach a disagreement, and their personal success rate in arriving at a resolution through negotiation and/or mediation.


You cannot have one lawyer serve both parties in a divorce. This would be a conflict of interest. It’s incredibly important that each party feels their individual needs are represented and voiced, and that cannot be done with a single lawyer serving as the representative for both parties.

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