8:30 - 5:00

Mon - Thur (Friday 8:30-1:00)

919.803.6778

Call Us For Free Consultation

Facebook

Twitter

Search
Menu
 

Prenuptial Agreement – FAQ

A

Prenuptial Agreement – FAQ


What is a prenuptial agreement?

A prenuptial agreement (prenup) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns prior to marriage as well as any debts, and specifies what each person’s property rights will be after the marriage if there is a divorce. These contracts are also called premarital agreements and ante-nuptial agreements.

Do I need an attorney to draft or review my prenuptial agreement with me?

Not necessarily, but I would advise my clients that both you and your fiance should each hire an attorney to individually represent you in the drafting and review of your prenuptial agreement.

Can payment of alimony or spousal support be waived under the terms of my prenuptial agreement?

Yes, spousal support may be waived under the terms of a prenuptial agreement. However, under North Carolina law, state courts will ignore a spousal support waiver in a prenuptial agreement if the court believes that the agreement was unfair to the spouse who waived his or her right to spousal support.

I do not have a lot of money or property going into this marriage. Do I really need a prenuptial agreement?

Prenuptial agreements are not just for the rich. While they are often used to protect the assets of the wealthy, couples of more modest means are increasingly turning to them for their own purposes. For example, a marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenuptial agreement, a surviving spouse might have the right to claim a large portion of the other spouse’s property, leaving much less for the deceased’s kids.

What happens to my property if I do not have a prenuptial agreement?

If you do not make a prenuptial agreement, state laws will determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. In the absence of a prenup stating otherwise, a spouse usually has the right to:

  • share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death;

  • incur debts during marriage that the other spouse may have to pay for; and

  • share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

I signed a prenuptial agreement but changed my mind to the terms after we got married. Can the prenup be changed?

If both parties agree to the changes, it is possible to modify the terms of a prenuptial agreement. However, if one party wishes to “get out” of the contract, it is very difficult to invalidate a prenuptial agreement after the marriage takes place. This is why it is important for people to not sign any agreement without first consulting with a family law attorney.

A Separation Agreement is a legal, valid and binding contract between a married couple which can dispose of some or all of their marital rights, responsibilities and obligations which have arisen during their marriage.

A Prenuptial Agreement (or “prenup”) is a written contract that two people sign before they get married.

A Cohabitation Agreement is a contract between two unmarried people which can dispose of some or all of their rights, responsibilities and obligations which arise during their relationship.

Prenuptial Agreement FAQ's

The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law. The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind. The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.

STOP WORRYING….    Get your questions answered now!

a

See What Our Clients Say About McNeil Law Firm

Claudia N. McClinton - John P. McNeil - Belinda Sukeena

The caring, sensitivity given by staff for your situation

Rebecca Gailewicz

Claudia is the best! Love this woman. She made my life better not just legally but also by being my friend. Thank you so much for being you.

Joseph Collins

My primary choice for recommendation on Family Law and Mediation. I have known them for years and they are one of the key places that understands and is effective with Father issues. I learned about them when I was helping with the Raleigh Men's Center years ago. I would also recommend them to a woman and Mother as well. Thanks for doing such a good job with the clients I have recommended to you they always come back and thank me.

Martin Brossman

Claudia rocks!

Katherine Fisher

Claudia is an amazing attorney....but she is much more than just an attorney. She is a wonderful, caring, compassionate and loving lady. And best of all, a Friend.

Penny Lee Winfree 

John McNeil and the attorneys who work with him are absolutely awesome. John has mediated many extremely difficult, complex divorce cases for my clients and me, and every single time, we have reached a settlement. He is very knowledgeable and has the right temperament to persuade and explain things to people while also making them feel heard. His staff are also professional, kind, and efficient. I will continue to use John McNeil as a mediator in my family law cases and highly recommend him!

Judy Tseng

a

Resources 

Call Us Now

Sometimes you just need answers right away
Please don’t hesitate to give us a call

CALL TODAY 919.803.6778

Call Now!

General Questions?

Family Law, Business Law, Civil Litigation
Wills & Trusts, Mediation

Schedule a Free Consultation!

Free Consultation

Read Our Blog

Find the most frequently asked questions
on our blog or just…

Send us a message

Send a Message

a

Free Consultation

The purpose of the initial consult will be to discuss McNeil Law capabilities, costs/fees and client expectations.

  • Initial Consultation – scheduled phone consultation limited to 15 minutes
  • Cost: NO charge
  • No personal details regarding your case will be discussed
  • This consultation does NOT constitute an attorney/client relationship

We feel it’s important to develop a good working relationship and can schedule an appointment during this consult should you wish to discuss specific details regarding your situation. During the consult, we will let you know what information we will require in order to move forward should you desire.

Blog Posts & Categories

Categories

a

Areas We Serve

McNeil Law Firm, PLLC serves clients in the Triangle area of Raleigh, Durham and Chapel Hill including Apex – Cary – Fuquay-Varina – Garner – Holly Springs – Knightdale – Morrisville – Raleigh – Rolesville – Wake Forest – Wendell – Zebulon and surrounding areas.

The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law. The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind. The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.

STOP WORRYING….    Get your questions answered now!