What is a Premarital Agreement?
A premarital agreement, also called a prenuptial agreement or a “pre-nup,” allows for a couple to set the terms of their property rights for their marriage. North Carolina General Statute § 52B-4, provides for such rights which include: the rights and obligations of each of the parties in any property of either or both of them acquired, disposition of property upon separation or death, ownership rights in the disposition of the death benefit from a life insurance policy, the provisions in this agreement apply to any will or trust made, modification or elimination of spousal support.
Advantages of having a premarital agreement?
1) Protect your assets.
2) Protects you from assuming the debts of your partner.
3) Determine how the property will be passed down upon death.
4) Explains the financial rights and responsibilities during a marriage.
5) Help avoid long, costly disputes in case of divorce.
In what situations would you want a premarital agreement?
1) You are much wealthier than your partner.
2) You earn much more than you partner.
3) You are remarrying.
4) Your partner has a high debt load.
5) You own part of a business.
6) To prevent your spouse from overturning your estate plan.
If you wish to speak to a family law attorney regarding prenuptial agreements, contact Adkins Law.