Charlotte Divorce Lawyer Blog
Can You Renegotiate a Prenuptial Agreement?
Not all marriages survive the test of time. While you never get married with the intent to divorce, it is best to prepare. A prenuptial agreement can protect you and your spouse and make life easier in case your union comes to an end. Prenuptial agreements are not just for the wealthy or for celebrities. They are actually useful legal documents that can make uncoupling easier and less stressful for everyone. If you have a prenuptial agreement in place you may wonder whether you can renegotiate it after you are married.
What is a Prenuptial Agreement?
A prenuptial agreement is a contract between two parties that is made prior to their marriage. The prenup, as it is commonly called, is a legal document that generally is made to protect parties and their assets in case the marriage fails. In North Carolina, the law provides for equitable distribution of marital property. Generally, any assets or property that you purchase together after you get married belongs equally to both of you. Spouses may need to protect their financial interests so they can be sure of receiving the proper settlement in a divorce.
Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”
Renegotiating A Prenuptial Agreement
You and your spouse may elect to renegotiate a prenuptial agreement that you have in place. However, you must follow the basic contract rules in order to ensure that it is legal. A prenup must be in writing and must be signed by both parties of their own free will. Once in place, a couple may choose to renegotiate a
prenup in the same way any other contract can be modified. Both parties must agree to the changes in writing and a spouse cannot force the other to agree to make changes. As long as both parties agree, you may make changes to a prenuptial contract.
Postnuptial Agreements
A postnuptial agreement is similar to a prenuptial agreement except that you make it after you get married. If you are already married and do not have a prenuptial agreement, you may choose to make a postnuptial agreement. If you wait until you separate, you may opt for a separation agreement, which is a form of postnuptial agreement. These agreements, like prenups, are contracts between parties and are legally binding. As with prenuptial agreements, a postnuptial agreement may cover a variety of issues such as distribution of assets and liabilities and specific details of a divorce settlement.
Legal Assistance With Prenuptial Agreements
As with any contract, a prenup can be complex. In order to be legal you need to make sure that it covers the issues that you desire and that it properly protects you. You will want to make certain that the agreement is written in a way that cannot be challenged later. A qualified attorney will draft a prenuptial that specifically addresses your particular needs and protects your assets in case of a divorce. Whether you are putting a new prenuptial in place or want to renegotiate one that is already in use, you will want to seek legal guidance. Contact us today at Arnold & Smith, PLLC at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
Prenuptial Agreement: What it is, How it Works (investopedia.com)
Separation and Divorce | North Carolina Judicial Branch (nccourts.gov)
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