Parties who are planning to get married sometimes wish to resolve potential issues which could stem from a dissolution of the marriage, prior to being married. Prenuptial Agreements are often thought of with disdain, because many people feel that it’s taboo to “plan for divorce” prior to the marriage. From a legal standpoint, Prenuptial Agreements can be very useful and effective tools to protect both parties. From a practical standpoint, it may make a lot more sense to discuss potential issues prior to the marriage when the parties care for and love each other, rather than in a situation where they have grown apart or there is ill will toward each other surrounding a separation.
Prenuptial Agreements can address most of the same issues a Separation Agreement can address. As with Separation Agreements, there are several requirements for Prenuptial Agreements in order for such Agreements to be enforceable. Timing of the signing of a Prenuptial Agreement can play a significant role in its enforceability. Additionally, North Carolina statute proscribes defenses to enforcement of Prenuptial Agreements when execution was not voluntary, and when the Agreement is unconscionable due to the lack of disclosure or knowledge of the property or financial obligations by the party against whom enforcement is sought.
Prenuptial Agreements can be complex contracts, and it is important to consult with an attorney prior to executing any such agreement.
