Prenups: 7 Common Matters

Prenuptial agreements in North Carolina are becoming more and more common.  When considering what you should include in your prenuptial agreement, you need to think about what your concerns would be if you were to ever separate from your future spouse.

Here are seven common issues that are outlined in prenuptial agreements.

  1. Establishing the rights and obligations of the spouses with respect to the ownership and use of real property- who moves out when you separate and who is responsible for the home?
  2. The right to manage and control property (i.e., buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of).
  3. The nature of property upon separation, divorce, death, or any other event.
  4. The modification or waiver of spousal support.  BEWARE IF YOU WILL BE A DEPENDENT SPOUSE.  Read more about spousal support here.
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
  6. Life insurance policy ownership rights.
  7. Child Custody and Support (although this is always subject to be modified by a court).

Do I need a lawyer to create a prenuptial agreement? 

Although it is possible for you and your future spouse to create an agreement on your own, the agreement is more likely to be enforceable and best represent your interests if it prepared by a raleigh divorce lawyer.  An attorney can also make sure you are fully informed on what your rights and obligations would be without the agreement and how the matters in the agreement may affect those rights.

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