Raleigh Prenuptial and Postnuptial Agreement Attorney

Prenuptial and Postnuptial Agreement Lawyer in Raleigh, North Carolina

Many couples make prenuptial and postnuptial agreements in order to protect their assets. Both types of agreements are voluntary and legally binding. If you are considering either a prenuptial or postnuptial agreement in Raleigh, we strongly recommend that you consult with an attorney at our firm. A prenuptial or postnuptial lawyer will help ensure that the rights of both parties are preserved.

Prenuptial Agreements

In North Carolina, a premarital or prenuptial agreement is defined under the Uniform Premarital Agreement Act as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage” for the disposition of property. "Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

All prenuptial agreements must be in writing and signed by both parties. A prenuptial agreement should be completed as far in advance as possible to avoid allegations of no duress, coercion, or undue influence

A post-marital or postnuptial agreement is similar to a prenuptial agreement, except that the parties make the agreement after they are married. Postnuptial agreements allow married couples to structure their own settlements so they can allocate their property and income as they see fit. In North Carolina, there are three critical elements to a postnuptial agreement in order for it to be binding:

• It must be in writing
• It cannot be inconsistent with public policy (in other words, such an agreement will not be enforced if it contains provisions that may be detrimental to the public good)
• It must be signed by a certifying officer (a certifying officer is a notary public or a justice, judge, magistrate, clerk, assistant clerk or deputy clerk of the General Court of Justice for North Carolina or the equivalent or corresponding officer of the state or foreign country where the acknowledgment is made).

Raleigh Nuptial Attorney

If you or your fiancé(e) are considering a prenuptial agreement or if your spouse presents you with a pre- or postnuptial agreement, you most certainly will need to consult a Raleigh Family Law Attorney. If you would like further information regarding nuptials, or have questions regarding your individual situation, please contact us today to schedule a consultation with one of our experienced Family Law attorneys.

Considering a Prenuptial or Postnuptial agreement? Contact a Raleigh Family Law Attorney at Hopper Law Firm today!