Pre-Marital Agreements
Huntersville Premarital Agreement Lawyers - Guiding You Through the Prenuptial Agreement Process
Huntersville Premarital Agreement Lawyers - Guiding You Through the Prenuptial Agreement Process
Pre-marital or Pre-nuptial agreements are contracts entered into before marriage by people intending to marry each other. Such agreements typically provide for the division of property and spousal support in the event of divorce. North Carolina has adopted the Uniform Premarital Agreement Act (UPAA). The UPAA allows parties to contract with respect to:
1. Division of Property - the division of property during marriage and upon divorce.
2. Alimony - Alimony and the waiver of alimony. Waiver of alimony agreements will be upheld unless doing so will cause the disadvantaged spouse to be eligible for public assistance.
3. Child Support - Child support arrangements will be upheld as long as they provide for the reasonable needs of the child(ren).
Keep in mind that an attorney is not needed to create a valid pre-marital agreement. Failing to hire a family law attorney may, however, affect whether the agreement is fair. An agreement that is not fair will probably not be valid.
Additionally, as long as the pre-marital agreement isn't made by force or under duress, it may be made anytime before the marriage. A short time period between the presentment of an agreement and the wedding date (for example, asking your fiancee to sign the agreement at the wedding chapel before he or she walks down the aisle) does not alone establish that the agreement was involuntary.
Pursuant to the UPAA, North Carolina requires the following elements for a valid pre-martial agreement:
1. The agreement must be in writing and signed. An oral pre-marital agreement is not enforceable.
2. The agreement must be entered into voluntarily. Evidence of duress, fraud, or coercion may invalidate a pre-marital agreement.
3. The agreement cannot be unconscionable when executed. An unconscionable contract is one that is so unjust or overwhelmingly one-sided that it is deemed unenforceable. In other words, no reasonably informed person would agree to it.
4. A party must have fair and reasonable disclosure of all assets and liabilities, proof that the party had independent knowledge, or proof that the party waived disclosure.
Adkins Law is able to provide you with assistance in a variety of family law issues, including pre-marital agreements. Contact Adkins Law if you wish to speak with an experienced Huntersville divorce attorney. One our of Huntersville divorce lawyers can help guide you through the premarital agreement process.