As you prepare to say “I do,” your to-do list is probably quite overwhelming. As you check in with vendors and finalize seating arrangements (so those two family members who hate each other don’t end up at the same table), it’s easy for the legal aspects of getting married, such as creating a prenuptial agreement, to fall to the back burner. Whether you’ve always intended to draft a prenup and it simply slipped your mind or you’ve been deterred by the social stigma that surrounds it, it’s something that we highly recommend every engaged couple at least consider.
We understand that if you thought your marriage was going to fail, you wouldn’t be walking down the aisle in the first place. You deserve the wedding day of your dreams, but you should know that pursuing a prenuptial agreement doesn’t mean that you’re planning on divorce. In fact, it’s a way to start your marriage off on the right foot as it protects you and your spouse’s best interests!
It’s important to note that if you don’t create a prenup yourself, you’re still consenting to one (of sorts) when you sign your marriage certificate. This means that should divorce ever occur, you agree to the laws of the state. Simply put, what the state thinks is fair in divorce might not align with what you think is fair. A premarital agreement puts the power in your hands!
If your big day is coming up, then it’s time to start considering the legal aspects of your marriage. Call Triangle Smart Divorce today to request a consultation with one of our Wendell prenuptial agreement lawyers to learn more about your options.
What is a Prenuptial Agreement and What Does it Do?
A prenuptial agreement, also known as a premarital agreement or prenup, is a legal contract that is created and signed prior to two people getting married. In this contract, both partners agree on how they want their assets to be divided in the event that they divorce or one of them passes away.
Despite what society has led many to believe, a prenuptial agreement doesn’t mean you don’t love and trust your partner. It can actually benefit your marriage by helping you address the financial aspects of getting married beforehand. This helps you start your marriage off on the right foot by ensuring you and your spouse are on the same page.
In addition to the social taboo that prenups often carry, another common misconception is that they’re only for couples who are rich. However, they’re actually for couples who want 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 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 Triangle Smart Divorce Can Help You
We know this is a busy and often overwhelming period of life, and adding to your to-do list might not feel feasible, but creating a prenuptial agreement now can save you from a massive headache down the line. The best part is, you don’t have to do it alone!
Our Wendell prenuptial agreement lawyers will take the time to understand what’s most important to you in order to create a solid prenuptial agreement that will hold up in court if that day ever comes. Call now to request a consultation and begin your marriage in the best way possible—with confidence and peace of mind!
You can also review two of our blogs “Understanding Prenuptial and Postnuptial Agreements: A Comprehensive Guide,” and “3 Reasons You Should Have A Premarital Agreement,” for more information.
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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.
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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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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.

