Prenuptial Agreements

Charlotte Prenuptial Agreement Attorneys

AgreementIn addition to handling divorce and post-divorce disputes, we assist clients with the preparation and review of prenuptial agreements and postnuptial agreements.

Many people are under the mistaken impression that prenuptial agreements (also called premarital agreements) are only for the rich and well-to-do. To the contrary, prenuptial agreements can benefit anyone. We draft and review prenuptial agreements for people of all income and asset levels.

A prenuptial agreement that is carefully devised and crafted can provide tremendous clarity for couples who intend to marry. A prenuptial agreement specifies clearly the parties’ intentions regarding their current and future assets, as well as financial responsibilities they plan to undertake during the marriage and upon a separation and/or divorce.

A prenuptial agreement can also clarify the intentions of a future husband and wife concerning issues like inherited assets, inheritance rights and spousal support/alimony.

Two important questions that attorneys and courts will ask when considering how or whether to enforce a prenuptial agreement if it is later challenged are (1) whether the agreement was voluntarily entered into (e.g., was it signed right before the wedding?); and (2) was there full and fair financial disclosure on the part of the parties regarding their income, assets and liabilities? When deciding whether to execute a prenuptial agreement, be sure to plan well in advance so that it is not signed so close to the wedding date that a court may question whether it was signed voluntarily, and make a full and fair financial disclosure to your spouse-to-be.

In addition to prenuptial agreements, our lawyers draft and review postnuptial agreements. Postnuptial agreements are agreements concerning the rights of couples who are already married who decide they wish to contractually assign their rights and responsibilities in the event of a future separation or divorce. Postnuptial agreements can also be used for people who have separated and now wish to reconcile, but also desire to predetermine their rights and responsibilities in the event the reconciliation does not work.