Establishing a prenuptial agreement is the best course of action for a couple who may want to specify how assets will be divided in order to protect their children from a previous relationship. Another instance when a prenup may be helpful is if there is a significant difference between the amount of assets or liabilities between the parties.
Even if there are no major concerns over existing assets or children, making decisions before the wedding can help the couple start their marriage on the right foot and avoid disputes later on. Alternatively, after a couple marries, they could consider drafting a postnuptial agreement, which is essentially the same as a prenup except for the fact that it is created after vows are exchanged. A Charlotte prenuptial agreements attorney could discuss your specific circumstances and needs in detail during a private initial consultation.
How State Law Governs Prenuptial Contracts
Unlike with many other aspects of the marriage and divorce processes, state law does not impose a great deal of specific restrictions on how prenuptial contracts can be written. The only hard rules governing the drafting process itself are that a prenup must be in writing, signed by both parties, and fair to both parties based on each of them fully disclosing all their assets and debts to the other.
Each party to a prenuptial agreement must also have their own Charlotte lawyer, since state courts do not view agreements like this as valid if one attorney represents both parties. It is worth noting as well that prenups cannot make binding determinations about anything related to child custody or child support obligations, as a court must always approve those sorts of arrangements before they can be legally enforced.
AVAILABLE 24/7
