When your big day is approaching, your to-do list leading up to it is probably a mile long. Between picking the perfect venue and finalizing catering details, it’s easy to forget about the legal aspects of getting married, like creating a prenuptial agreement. Whether you always planned to have one and it slipped your mind amidst the wedding chaos, or you’ve been reluctant to create one because of the social stigma that surrounds it, it‘s something we highly recommend every couple at least considers.
We understand that if you thought your marriage wouldn’t work out, you probably wouldn’t be getting married in the first place. You deserve your happily ever after, but you should know that a prenup doesn’t mean you’re planning for failure. Instead, it’s a way to be proactive in protecting both you and your future spouse’s best interests and even setting financial expectations before entering into marriage.
It’s important to note that if you don’t create one yourself, you’re still essentially agreeing to the state’s prenup when you sign your marriage license. This means that should your marriage end, you agree to follow the laws of your state, and you might not agree with how the state thinks your assets and debts should be divided. A premarital agreement gives you more control!
If it’s time to say “I do,” then it’s time to start considering the legal aspects of your union. Call Triangle Smart Divorce today to request a consultation with one of our Fuquay-Varina prenuptial agreement lawyers, who can explain your options and next steps.
What Is A Prenuptial Agreement & How Do I Know If I Need One?
A prenuptial agreement, also known as a premarital agreement, is a legal contract that is arranged prior to two people getting married. The contract requires both partners to agree on how they want their assets to be divided in the event that they divorce or one of them passes away.
A prenuptial agreement doesn’t have to diminish the trust you and your partner have for one another. It can actually build it up as you navigate the financial aspects of getting married and intertwining your lives! Having financial conversations before getting married helps couples start on solid ground, get on the same page, and gain a new appreciation for the “business” side of mingling finances. Discussing, listening, and learning build a stronger foundation for marriage.
There is a common misconception that prenuptial agreements are only for the rich, but they are actually for any couple who wants to:
- Protect their individual assets or small business,
- Guard themselves from their spouse’s debts,
- Establish clear financial expectations,
- Establish alimony/spousal support,
- Protect their inheritance,
- And more!
Are There Restrictions On What Can & Cannot Be Included In My Prenup?
Every couple is unique, so there are some aspects of a prenuptial agreement that will be dependent on a couple’s needs and preferences. There are, however, restrictions in North Carolina as to what can and cannot be included in a prenup.
What Can Go In:
- 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.
What Cannot Go In:
- Child custody arrangements,
- Child support details,
- Daily spousal duties.
How Our Fuquay-Varina Prenuptial Agreement Lawyers Can Help You
We understand you have a lot on your plate already, but creating a prenup can save you from more hassle down the road. Not only can it protect your assets if you were to divorce, but It can help you address financial aspects of marriage before they become a problem. There are several important steps involved in creating a prenuptial agreement, so it’s best to work with one of our experienced Fuquay-Varina prenuptial agreement lawyers who will take the time to understand your goals and what’s most important to you. Allow us to help you understand whether or not a prenup is right for your situation and where to go from there. Call now to request a consultation and begin your marriage in the best way possible – with peace of mind!
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There aren’t enough words to express what Ashley Fillippeli and her team have done for me… With calm focus, sharp legal skill, and an extraordinary amount of heart, Ashley helped me find my child… That moment would not have happened without Ashley, and my child would not have a father without her help.
Baseer Maroof
Triangle Smart Divorce is the best family law firm in the area, and I am so grateful to have had them on my side. Lisa, Diane, Lauren, Jessica and the whole TSD team were very knowledgeable, thorough and professional. They did an excellent job getting great results for me and my kids during very challenging circumstances.
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Lauren did an excellent job representing me throughout this entire process. From start to finish, I felt confident trusting her guidance and decisions, and I always knew I was in capable hands. She was professional, knowledgeable, and supportive every step of the way. I would highly recommend Lauren and this law firm to anyone going through a custody battle.
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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.

