(919) 803-6778
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(919) 803-6778
Contact Us
Mon - Fri 8:30 AM - 5:00 PM

Prenuptial Agreements

Prenuptial Agreement Attorneys – Wake County, NC

A prenuptial agreement (also known as a “prenup”) is a written contract created by two people before they are married. A prenup typically lists all of the property each person owns prior to a marriage as well as any debts. It also specifies that each person’s property rights will be after the marriage if there is a divorce. These contracts are also sometimes called premarital agreements or ante-nuptial agreements.

Prenups are often used to:

  • Protect one spouse from the debts of another spouse
  • Address marital property versus separate property
  • Provide for children from previous marriages
  • Ensure that family heirlooms are passed down as desired
  • Simplify the process of distributing property if the marriage were to end in divorce
  • And more

Additionally, spousal support (in the event of separation or divorce) may be waived under the terms of a prenuptial agreement; however, under North Carolina law, state courts will ignore a spousal support waiver in a prenuptial agreement if the court believes that the agreement was unfair to the spouse who waived his or her right to spousal support.

Prenuptial agreements are not just for the rich. While they are often used to protect the assets of the wealthy, couples of more modest means are increasingly turning to them for their own purposes. If you do not make a prenuptial agreement, state laws will determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. In the absence of a prenup stating otherwise, a spouse usually has the right to:

  • Share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death;
  • Incur debts during marriage that the other spouse may have to pay for; and
  • Share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.

Prenups can help protect both parties and their loved ones in the event of a divorce or death. If you are considering a prenup or have been asked to sign a prenup, be sure to consult with an attorney. An experienced family law attorney can help make sure you understand all of your rights and options. To learn more about prenuptial agreements or to schedule a confidential consultation, contact the family law attorneys at McNeil Law Firm today at (919) 803-6778.

McNeil Law Firm

phone: (919) 803-6778
fax: (919) 803-6781

226 West Millbrook
Raleigh, NC 27609

Office Hours:
Monday - Friday
8:30 AM - 5:00 PM
and by appointment

The information contained on this site is provided as a public service for informational purposes only and is not intended to be a comprehensive statement of the law. The reader is advised to check for changes to current law and to consult with a qualified attorney on any legal issue before taking action of any kind. The information presented on this site should not be construed to be formal legal advice or to create or imply the formation of a lawyer-client relationship between the reader and this firm.