Deciding whether to enter a premarital agreement, also known as a prenuptial agreement, is an extremely personal decision for the parties involved. Premarital agreements may not be right for every couple; however, couples should base their decision on whether to enter a prenuptial agreement on their specific circumstances. Premarital agreements have both advantages and disadvantages. Hiring an experienced attorney can help you determine if you need a premarital agreement.
The attorneys of The Trevor J. Avery Law Firm have extensive experience practicing in the area of family law, including advising parties regarding premarital agreements. You need an attorney with the knowledge and expertise to protect your rights. If you are considering a premarital agreement, our attorneys are aware of the sensitive nature of these types of negotiations and strive to make it as stress-free as possible while protecting your rights during the process.
You Should Consider a Premarital Agreement If . . .
- Second Marriages – Prenups are often used in second marriages to protect assets and inheritance for children from the first marriage. Blended families are becoming more common; therefore, parents must determine how they will divide an inheritance. While a prenup does not replace a will, it can be used as part of your estate plan to protect heirs.
- Protect Assets – A premarital agreement also protects the assets you accumulated prior to the marriage. This is especially important for couples when one person has substantially more assets than the other person does.
- Reduces the Risk of a Contested Divorce – A premarital agreement outlines how the couple will distribute assets and debts in the event of a divorce. It can also include provisions related to a divorce such as who will pay the attorney’s fees and provisions for spousal support.
- A Business Interest – If you own an interest in a business, a premarital agreement will protect that business should you and your spouse decide to end the marriage. Your business partners may not like the idea of your ex-spouse having authority or an interest in the business because he or she received that interest as part of the divorce decree.
- You Have Less Wealth Or Earn Substantially Less Than Your Future Spouse – Premarital agreements also protect spouses who come into a marriage with assets and finances that are substantially lower than the other spouse. Having a premarital agreement can ensure that you have enough money to raise your children and support yourself if your spouse decides to terminate the marriage.
- Protect Family Money – If your family has substantial assets, your family may want you to enter a premarital agreement to prevent your spouse from claiming an interest in the family fortune if you divorce.
Depending on your unique situation, there could be other reasons why you need a premarital agreement. Contact our office to schedule a consultation to discuss your specific situation.
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The Trevor J. Avery Law Firm offers comprehensive legal services in the area of North Carolina family law. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs.
When you have matters that require a family law attorney, you need an experienced legal professional in your corner. You deserve to 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.