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What Is A Premarital Agreement?


Going through a divorce is something most couples never consider as they are planning their wedding and beginning their lives together. Unfortunately, many marriages do end in divorce. The excitement and the love shared by the couple often turns into bitterness and anxiety as they try to come to terms as to how to dissolve the marriage, share custody, pay support and divide assets. Having a premarital agreement can take some of the stress and anxiety out of the divorce process.

Advantages of a Premarital Agreement

Premarital agreements, also referred to as prenuptial agreements, are legally binding contract entered into by prospective spouses before their marriage. It only becomes effective upon their marriage. While some people may believe that premarital agreements are only for wealthy people, these agreements are very useful for anyone getting married, especially those who are getting married for the second time or getting married with children from a previous relationship.

Advantages of a premarital agreement include but are not limited to:

  • Protecting inheritance or assets that you have personally accumulated prior to marriage
  • Detail in what situations alimony will be paid and how much alimony will be paid
  • Provide for the division of marital assets and marital debts
  • Make dealing with some issues less stressful during the emotional divorce process
  • Protect the financial well-being and financial future of children from a previous relationship
  • Protect your financial stability after the divorce
  • Can reduce conflict since all issues have been agreed upon prior to the marriage

Prenuptial Agreement Laws in North Carolina

In North Carolina, prenuptial agreements or premarital agreement are governed by the Uniform Premarital Agreement Act of the North Carolina General Statutes. In order to be valid, a premarital agreement must be in writing and signed by both parties. Any amendments or revocations must also be in writing and signed by both parties.

Premarital agreements are binding contracts; therefore, both parties should have their own attorney during the negotiation process in order to ensure that each party’s rights are fully protected. Both parties should make full disclosures as to all financial information so that each party can enter the negotiations with full knowledge of the issues at hand.

Having an experienced premarital agreement attorney represent you is the best way to ensure that your rights are protected and you are treated fairly during the process. It also reduces the risk that the agreement can be attacked in court and voided because of a failure to follow the laws governing premarital agreements.

Contact an Experienced Jacksonville Prenuptial Agreement Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm, LLP is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459  or contact us online today for a free case evaluation.