Marriage and Prenuptials

Persons who are planning to get married may benefit from a prenuptial agreement to address certain issues that may arise in a marriage. In order for the benefit of a prenuptial agreement to be recognized, it must be legally and validly executed. Raleigh North Carolina lawyers from Fresh Start Family Law can assist with prenuptial agreements.

What is a prenuptial agreement?
A prenuptial agreement is a document that sets forth terms that parties agree to in anticipation of a marriage. The agreement can address a variety of different issues, including:

  • Property and debt division
  • The character of certain property
  • How interest and appreciation of assets is to be handled
  • Allocation of debts and liabilities
  • Spousal support and alimony issues
  • Disclosure of certain information

A prenuptial agreement can help clarify how certain issues are to be addressed if the marriage results in separation or divorce. By having a comprehensive prenuptial agreement, you can protect your interests and have greater security in your assets.

What must be included for a prenuptial agreement to be valid?
In order for a prenuptial agreement to be valid, it must be voluntarily entered into by the parties, signed before a notary public and exist prior to the parties’ marriage. The agreement must have been made without any coercion, fraud, duress, or undue influence. If a prenuptial agreement fails to satisfy these requirements of law, then it may be invalidated in whole or in part.

Why should you consult with an attorney?
Raleigh NC family attorneys can provide advice that is specific to your situation regarding a prenuptial agreement. Our Raleigh NC family attorneys will help you understand how a prenuptial agreement may benefit you as you prepare to enter a marriage.