Premarital/Prenuptial Agreements and Postnuptial Agreements

A premarital agreement, also commonly called a prenuptial agreement or “prenup,” is an agreement between prospective spouses made in contemplation of marriage and will be effective when the parties become married. Premarital agreements should not be confused with postnuptial agreements, which are agreements entered into during the marriage setting forth certain rights and responsibilities of the parties upon separation.

At Skufca Law, we have extensive experience guiding clients through even the most complex family law matters. In the past, prenuptial agreements were seen in a negative light — as if someone was already planning for divorce. Recently, however, these premarital agreements are seen as the system of organization and proactive dispute resolution that they were always intended to be. Contact a family law attorney to discuss your situation and learn more about prenuptial or postnuptial agreements.

Charlotte Premarital Agreement Lawyer

A premarital agreement is a tool that allows individuals to protect certain rights and/or property they acquired before their pending marriage. In addition, it allows people to protect rights and/or property they may acquire during the marriage such as increases in the value of a home or pension fund. These agreements are available to all individuals in contemplation of their marriage. The premarital agreement will allow the parties to enter into a contract that establishes how certain matters will be handled in the future, should something occur such as:

The rights and obligations of each party with regard to any property, whenever and wherever acquired or located
The right to buy, sell, use, transfer, exchange, abandon, lease, or otherwise dispose of, control, or manage certain property such as a “vacation house”
The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event
The modification or elimination of spousal support
The making of a will, trust or other arrangements to carry out the provisions of the agreement
The ownership rights in and disposition of death benefits from a life insurance policy
The choice of law governing the construction of the agreement
Any other matter not in violation of “public policy” or a statute imposing criminal liability

Certain issues, such as child support and child custody, cannot be included in a premarital agreement. If you are considering marriage, it is wise to seek the counsel of a Charlotte prenuptial agreement lawyer as soon as possible. We can guide you through a discussion about all the issues and help you draft the document.