A prenuptial agreement (or “premarital agreement”) is a contract between a couple who plans to marry. These contracts, sometimes called “prenups,” only become effective when the couple gets married. The purpose of a prenuptial agreement is to resolve in advance certain marital rights and obligations that could arise if the couple later separates and divorces.
We understand that having a discussion about a prenuptial agreement with your significant other probably doesn’t sound like the most romantic of topics while you’re planning out your future together. After all, couples don’t enter into marriage thinking they may later divorce. They often believe that it simply won’t happen to them. But we also understand that divorce is a fact of life.
Prenuptial agreements are like having an insurance policy. You hope that you never need it. If, however, you do ever need it, you’ll be glad you have it.
The two main issues addressed in a prenuptial agreement are:
1) How the married couple will divide their assets and debts if they separate and divorce; and
2) How much, if any, spousal support (i.e., alimony) will either spouse owe the other; and
To fully appreciate the benefits of having these issues addressed in a prenuptial agreement, it’s good to know what they would look like without one.
Without a prenuptial agreement, you could end up in court litigating equitable distribution (i.e., division of assets and debts) and/or alimony. There are two things about litigation that are absolute truths: it is both expensive and uncertain. You could easily spend tens of thousands of dollars litigating only to end up with an unsatisfactory result.
A prenuptial agreement can avoid all of that.
If you think that a prenuptial agreement might be right for you or if your significant other has presented you with a prenuptial agreement, we invite you to schedule a consultation with our family law attorney.
Meet your Attorney
James Tyler brooks
“My law practice is limited to divorce and family law in Wake County, North Carolina. By limiting my practice to divorce and family law, I’ve been able to obtain a deep level of knowledge within those areas. Because I’ve limited my practice to Wake County, I’ve gotten to know our family court judges and how they tend to rule on certain divorce and family law issues. Knowing their tendencies allows me to better inform my clients, which helps them make good decisions throughout the process.
I am passionate about helping my clients during this tough time. Family law issues can be expensive, both financially and emotionally. During those tough times, you need excellent legal counsel more than ever.”
– James Brooks