When saying “I do” is approaching, drafting a prenuptial agreement may be the last thing on your mind. It’s natural that in between booking the florist, the caterer, and the photographer, you didn’t think about a prenup, but it’s something that every engaged couple should at least consider!
While everyone hopes that their happily ever after will go as planned, life can throw unexpected curveballs your way. A prenup is for you to have in your back pocket, just in case. What many engaged couples don’t realize is that when you get married, you have a prenup even if you never negotiated and signed one. By signing a marriage license, you have an agreement to follow the laws of your state if your marriage ends in divorce. You might not like the effect of those laws; they might seem unfair to you; they might not make sense in your situation, but that’s what you agree to when you get married without a written agreement to do something differently. A premarital agreement gives you some control back and lets you have a say in your future.
There is a misconception that a prenuptial agreement makes the statement that you’re entering a marriage planning for it to fail; however, it is actually a way to be open, honest, and realistic about the future with your partner and protect you both if something unexpected does happen. Ultimately, a prenup provides a stable foundation from which a marriage can grow with honesty and confidence!
If you’re headed down the aisle soon and are considering your legal options, our Morrisville prenuptial agreement lawyers can help draft a thorough prenup as a part of your final wedding plans. Call Triangle Smart Divorce today to request a consultation and learn about your next steps.
What Is A Prenuptial Agreement & How Do I Know If I Need One?
A prenuptial agreement, also known as a premarital agreement or prenup, is a legal contract that is negotiated prior to the beginning of a marriage. In this contract, you and your spouse agree on how you want your assets to be managed and your marital property to be divided in the event that you get divorced or if one of you passes away.
It’s important to note that prenuptial agreements aren’t just for the rich – they are for any couple who wishes 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!
A prenuptial agreement doesn’t have to diminish the trust you and your partner have for one another but rather build it up as you navigate the financial aspects of getting married and intertwining your lives. Having these conversations before getting married helps couples start on solid ground, with commonalities and a new appreciation for the “business” side of mingling finances. Discussing, listening, and learning builds a stronger foundation for marriage.
What Can & Cannot Go In My Prenup?
What goes into and stays out of a prenuptial agreement is mainly dependent upon the couple and their unique situation. There are some restrictions in North Carolina, though. For a general rule of thumb, what can be included and what cannot are as follows:
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 Morrisville Prenuptial Agreement Lawyers Can Help You
Though the idea of creating a prenuptial agreement might feel intimidating, it can greatly benefit your marriage and can even mitigate potential conflict down the line when it comes to various financial matters. Whether a prenup was always a part of your plan or you’re still hesitant about it, talking to a skilled and experienced Morrisville prenuptial agreement lawyer can give you a better idea of what to do next and if a prenup is right for your situation.
There are intricate steps involved in the process, and having a professional in your corner can help make the difference between a legally sound and beneficial arrangement and one that overlooks crucial details and leads to unexpected consequences. If you are putting the time and effort into getting this agreement done before your marriage, you want to make sure it will hold up in court if the time ever comes. We will get to know you so that we can understand your goals and priorities in creating a personalized prenup, explain your options, and help you set the terms that make sense for you and your family.
Call Triangle Smart Divorce Today
At Triangle Smart Divorce, our experienced team of Morrisville prenuptial agreement lawyers are here to protect your interests and help you have a personally tailored plan for your future that fits what you want rather than what the State provides for you. We know that it can be stressful to add this to your wedding to-do list, but we make this process as stress-free as possible. Start your marriage off on the right foot; call Triangle Smart Divorce today to request a consultation, get your questions answered, and begin the process.
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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.

