Prenuptial Agreements

While the prospect of marriage is filled with excitement and hope, it's essential to consider the practical and legal aspects of this significant life decision. One crucial tool in this regard is the prenuptial agreement, which can provide a solid foundation for a couple's financial future. At Tien Law Firm, our Raleigh prenuptial agreement attorney is here to help safeguard your financial interests and provide peace of mind as you embark on your marital journey.

What is a Prenuptial Agreement?

A prenuptial agreement, often referred to as a "prenup," is a legal contract entered into by a couple before they get married. This document outlines the couple's financial obligations, rights, and responsibilities in the event of a divorce or the death of one spouse. Prenuptial agreements are designed to protect each party's assets, prevent disputes, and ensure a smoother transition should the marriage come to an end.

When Do You Need a Prenuptial Agreement?

Prenuptial agreements are not just for the wealthy or those entering a second marriage. They can benefit couples of all financial backgrounds for a variety of reasons, including:

1. Protecting personal or family assets: If one or both parties have significant assets, such as real estate, investments, or a business, a prenup can help ensure these assets are distributed according to their wishes.

2. Defining financial obligations: A prenup can outline each spouse's financial responsibilities, such as debt repayment, alimony, and the division of property, should the marriage end.

3. Providing for children from previous relationships: Prenuptial agreements can include provisions to protect the inheritances or financial interests of children from previous marriages or relationships.

4. Addressing potential conflicts: Premarital agreements can help couples address and resolve potential conflicts before they arise, fostering open communication and setting clear expectations.

What Goes in a Prenuptial Agreement?

Prenuptial agreements can cover a wide range of topics, including:

• Asset division: Specifying how assets, such as real estate, investments, and personal property, will be divided in the event of a divorce.  
• Alimony and spousal support: Determining if and how much alimony or spousal support will be paid, and for how long.  
• Debt responsibility: Outlining which debts each spouse will be responsible for during the marriage and after a divorce.  
• Estate planning: Addressing the distribution of assets upon the death of one spouse.  
• Business interests: Protecting the interests of a spouse who owns a business or has a stake in a family business.  
• Confidentiality and non-disclosure agreements: Preventing the disclosure of sensitive information during or after the marriage.

It's important to note that prenuptial agreements cannot address issues related to child custody or child support, as these are matters that are ultimately decided by the courts based on the best interests of the child.

What Makes a Prenup Invalid?

A prenuptial agreement can be deemed invalid if it meets any of the following criteria:

1. Lack of full disclosure: If either party failed to provide a full and accurate disclosure of their assets and liabilities, the prenup may be considered invalid.

2. Unconscionability: If the terms of the prenup are deemed to be grossly unfair or one-sided, a court may find the agreement to be unconscionable and, therefore, invalid.

3. Coercion or undue influence: If one party was coerced or unduly influenced into signing the prenup, the agreement may not be upheld.

4. Lack of independent legal counsel: Failure to meet this requirement can potentially invalidate the prenup.

How Long is the Process for a Prenup Agreement?

The process of creating and signing a prenuptial agreement can vary depending on the complexity of the agreement and the level of cooperation between the parties. Generally, the process can take several weeks to a few months, depending on the following factors:

• Gathering financial information and disclosures  
• Drafting and negotiating the terms of the agreement  
• Allowing time for reviewing the agreement with independent legal counsel  
• Finalizing and signing the agreement

It's important to start the process well in advance of the wedding date to ensure that the prenup is properly executed and in place before the marriage.

Contact Our Raleigh Prenuptial Attorney 

If you're considering a prenuptial agreement or have questions about your rights and responsibilities, our Raleigh prenuptial attorney is here to help. Contact our Raleigh prenuptial lawyer today and take the first step towards protecting your financial future.

Call (888) 920-8180 or reach out online to schedule your free consultation.