Creating a Prenuptial Agreement

Most people do not think that the idea of a prenuptial agreement is a romantic one. However, if you are considering getting married or if you are recently engaged, you may be considering establishing a prenuptial agreement for several reasons. Most people make the decision to create a prenuptial agreement in order to protect financial assets in the case of a future divorce. The truth is that a prenuptial agreement is not a romantic endeavor, though it may be necessary in order to give security and emotional and financial insurance to one person regarding their assets and property. The following are some ways to ensure that you create a legally binding prenuptial agreement in the state of North Carolina, and then move on to the fun part of wedding planning, and a happy future.

You should act as soon as possible following an engagement if you are interested in creating a prenuptial agreement. While most people do not want to talk about a prenuptial agreement prior to becoming officially engaged, as soon as you do become engaged it should become a priority discussion. Before you call the caterers, book wedding photographers, or begin any wedding planning, visiting with an experienced family law attorney can help ensure that both parties have their legal and financial rights protected.

The reason it is important to act quickly after an engagement is that if a prenuptial agreement is signed close to a wedding date, it could be argued that it was signed under either coercion or duress. If someone has already made large purchases such as a wedding dress, plane tickets for family and friends, booked a wedding venue, and a band, it could be seen as a coercive act for one party to require the other to sign a prenuptial agreement at that time. Because everything is already bought and purchased for the wedding, one party may feel pressured and manipulated into actually signing a prenuptial agreement that they never would have agreed to months before. Therefore, if you are considering having a prenuptial agreement, you should do so as soon as possible after becoming engaged.

The best policy in any marriage is to behave honestly. This policy also holds true during the prenuptial agreement process. Make sure to always be honest with your fiance regarding all of your financial interests, assets, and property. Make sure to always bring up the idea of a prenuptial agreement as soon as possible so that the other party does not feel blindsided by your request. Additionally, you have a legal responsibility to be as honest with your soon-to-be spouse as possible regarding any of your current finances, current assets, current debts, and any possibilities of future inheritances that you may receive. In order for your soon-to-be spouse to sign a prenuptial agreement that is legally binding, he or she must have all of the facts regarding your finances. If you fail to disclose any of your financial information, any assets, or even the possibility of a future inheritance that you currently have knowledge of, it may make your prenuptial agreement legally invalid in the future.

A prenuptial agreement is intended to allow one spouse to retain financial assets and property if a divorce occurs and avoid the typical division of marital property, which is determined on an equitable basis. A prenuptial agreement should only deal with financial issues. Therefore, if one person makes an attempt to include any controlling or absurd clauses in a prenuptial agreement, it is likely that the agreement will be considered legally invalid. Some examples of items that are considered unreasonable by courts for a prenuptial agreement would be the requirement that one spouse does not gain any weight, or that a date night must occur every week. Prenuptial agreements are not intended to place restrictive or burdensome requirements on the other person. Prenuptial agreements are intended to provide legal protection regarding financial assets in the event of a divorce. Additionally, prenuptial agreements are never legally allowed to include any binding decisions regarding any possible future child custody, child support, or any illegal act.

Learn how an experienced family law attorney at Arnold & Smith, PLLC in Mooresville, North Carolina at 704.370.2828 can help you with your prenuptial agreement. Contact us by phone or online today for your free consultation.