Experienced Gastonia Prenuptial And Postnuptial Agreements Attorney
Both prenuptial and postnuptial agreements can be very beneficial for couples in Gastonia, North Carolina. These agreements are often used to make financial decisions, such as specifying how assets should be split up in the event of a divorce. Having these agreements in place can give a couple protection and peace of mind.
At The Law Office of Geoffrey A. Planer, we have been working in family law since 1974. Our attorneys have decades of combined experience and are known for putting our clients first. When you need a prenuptial agreement lawyer who can help you draft documentation to protect your most important financial assets, give us a call.
How Are Prenuptial And Postnuptial Agreements Different?
With both of these agreements, couples are making decisions about assets. For example, a prenup may state that a husband’s small business is a separate asset, and that his wife has no claim to the value of that business, even if it grew during the marriage. Or the agreement may state that the wife gets to keep 100% of the inheritance that was left to her, even though she received it during the marriage.
The biggest difference here is simply when a couple puts the agreement into place and when it is signed. A prenuptial agreement has to be set up before the wedding, and it’s important for there to be time for both people to read and consider the document prior to getting married. A postnuptial agreement, on the other hand, can be drafted and signed after the marriage has already occurred.
What Are The Benefits Of Postnuptial And Prenuptial Agreements?
The benefits are that couples can protect assets they want to keep and that they have these discussions in advance. A divorce is often emotionally difficult, and couples will run into conflicts. But making the decisions in advance can streamline the process, perhaps meaning that the divorce costs less and happens more quickly than it would have otherwise. These documents can be used to manage debt obligations, safeguard family assets or personal assets and address rights and responsibilities from a financial perspective.
Frequently Asked Questions
Is a prenup enforceable or invalid?
For a premarital agreement to be enforceable, it has to be willfully signed by both parties, they must have the mental capacity to understand the decision, information needs to be accurately reported and both parties need appropriate time to consider what they’re signing.
What is typically included in the agreement?
Couples can’t include illegal provisions or provisions regarding child custody rights or child support. These are just supposed to be used to address marital and separate assets.
Can a prenup protect an inheritance?
Yes, a prenup can specify that an inheritance belongs solely to one spouse. This can be important in blended families to ensure it still gets passed down to grandchildren and other beneficiaries.
Call Now For A Free Consultation
To meet with an experienced prenup lawyer at our Gastonia law firm, use the online contact form or give us a call at 704-885-1062 today.