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Cary Prenup Lawyer

When you’re considering walking down the aisle to marry the love of your life, things seem like they’ll stretch on dreamily forever, but the truth is that life — including marriage — is unpredictable. Too often, the discussion of prenuptial agreements and working with a prenup lawyer is left behind in the wake of wedding planning and booking honeymoon flights. No one wants to spoil the good time!

Rather than think about a prenuptial agreement as a way to cast doubt on the strength of your union, however, it is better thought of as a way to be open, honest, and realistic with your future partner. Understanding that an unexpected outcome is possible does not mean you’re planning for your marriage to end. It simply makes sure that you and your partner have already opened the lines of communication so that no one feels trapped or blindsided if things don’t work like you hoped.

Finding a Cary prenup lawyer should be a part of your wedding planning to ensure you have the security and clarity you need to walk down the aisle and into this new chapter of your life with confidence.

What Is A Prenuptial Agreement?

A prenuptial agreement is sometimes called a prenuptial contract, a premarital agreement, or a prenup. Put simply, a prenup is a legal contract that is negotiated prior to a marriage’s beginning. Both parties agree to the terms, and the document outlines what creates marital property and what happens to that marital property in the event of a divorce or death.

While there is a perception that prenups are only for the rich, that’s not the case. A prenuptial agreement can be helpful for any married couple and they are particularly advantageous for people who meet certain conditions:

Partners Bringing Debt Into A Marriage

If one partner has substantially more debt — student loan debt, credit card debt, etc. — than the other, it can create an imbalance and place an unfair burden on the new marriage. Having a prenup will make it clear which debt remains separate.

Partners With Children From Prior Relationships

A prenuptial agreement isn’t always used to determine what happens upon a divorce. It can also spell out what happens upon one partner’s death. This is especially important for a person who has children from a prior relationship and wants to make sure their property goes to those children and not just to their spouse.

Partners Who Intend To Divide Financial And Parenting Duties

For those who intend for their marriage to follow a blueprint where one partner is serving as the primary wage earner and another is staying home to care for the house and children, having a prenup can help spell out a fair and balanced spousal support agreement in the event of a separation. A prenup gives the person staying home some comfort about being out of the workforce for a while, in that they will have some level of financial support if the marriage doesn’t last.

Partners Who Have Family Heirlooms Or Property

A prenup can be used to carve out exceptions for specific items or property that would typically be considered jointly owned during a marriage, like a joint gift to the couple. In this way, a prenup can ensure that family heirlooms or property stay in the family.

What Should Be Included In A Prenup?

What you should include in your specific agreement will be deeply individual to your situation, and that’s one of the reasons that getting in touch with a Cary prenup lawyer is so important. Often, a predetermined template won’t meet the individual needs of your marriage. Instead, you will need the help of an experienced lawyer to determine your particular needs and make sure they are written in a legally binding and enforceable way.

What CAN Go in a Prenup

As you consider what you want to include in your prenup, keep these possibilities in mind:

  • Ownership of assets
  • Responsibility for debts
  • Spousal support agreements or waivers
  • Property distribution upon death or divorce
  • Mediation and arbitration clauses to keep you out of Court

What CANNOT Go in a Prenup

In addition, there are some negotiations that are not appropriate for a prenup:

Benefits Of Prenuptial Agreements

The clearest and most important benefit of a prenuptial agreement is that it provides protection and stability in case the unexpected occurs. Having a prenup allows couples to make decisions knowing what will happen if the marriage does not work out. In this way, couples have more freedom and flexibility to enter into a marriage with confidence and make financial and personal arrangements that work best for their family without feeling like one party may lose everything during a divorce or be trapped in an unhappy marriage. Ultimately, a prenup provides a stable foundation from which a marriage can grow with confidence.

Another important benefit of a prenup is that it can make a divorce much less taxing and challenging. Knowing in advance how many of the stickiest parts of divorce proceedings will be determined can make what is often a long and arduous process much easier. Those who have a prenup already have a starting foundation for these negotiations, and it’s one that they made when they were clear-eyed and working as a team, and not clouded by the emotion that often accompanies the end of a marriage.

Finding The Best Cary Prenup Lawyer For You

Whether you know that a prenup can help provide a strong foundation for your future marriage or you’re hesitant to add this particular task to your wedding to-do list, it’s important to craft a prenup with the help of an experienced lawyer. If you’re looking for a Cary prenup lawyer who can make the process of crafting this document thorough, efficient, and clear, then reach out to Triangle Smart Divorce today to get started.

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