Prenuptial and Postnuptial Agreements Attorney - Asheville, NC

Prenuptial and Postnuptial Agreements Attorney - Asheville, NC

Prenuptial and Postnuptial Agreements

A prenuptial agreement is a contract signed by two parties prior to marriage.  The content within the agreement can vary, but most commonly includes provisions for the division of property should the two signing parties separate or divorce and any rights to spousal support during or after the dissolution of marriage. North Carolina prenuptial agreements  require specifics such as the following to be valid: 

  1. The agreement must be in writing;
  2. The agreement must be executed voluntarily by both parties;
  3. The agreement must have full disclosure and/or is fair at the time of execution;
  4. The agreement must be reasonable;
  5. The agreement must be executed by both signing parties, and acknowledged before a notary public.

A postnuptial agreement is another contract, similar to a prenuptial, that is voluntarily signed by two parties, except it is signed during a marriage.  Two important things to consider with this form of contract are full and fair disclosure and separate and independent counsel. Many things can be included in a postnuptial agreement, such as:

  1. A list of all assets, liabilities, incomes, and expectations of gifts and inheritances;
  2. Description of how post-marital debts will be paid;
  3. What happens to post-marital property in reference to appreciation, gains, income, rentals, dividends and proceeds of such property, in the event of death or divorce;
  4. What happens to post-marital property in the event of death or divorce;
  5. Decision on who, or if both, will own marital residence and secondary residences in the event of death or divorce;
  6. Specify the status of gifts, inheritances, and trusts either spouse receives or benefits from, whether it be before or after the marriage;
  7. Clarify what will happen to each type of property, whether it is individually or jointly owned, including real estate, artwork, and jewelry;
  8. Alimony, maintenance, or spousal support;
  9. Death benefits and stating what you will provide in your will;
  10. Decision on medical, disability, and life or long-term care insurance coverage.

To get the information that you need, please schedule an initial consultation today at my Asheville office. Contact Hooks Law, P.C., online or by calling 828.333.2630.

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