The disputes that arise during a divorce can be difficult to resolve. For some couples, addressing these issues prior to getting married could be the best option. Pre-marital agreements (also calls “prenups”) allow a couple to resolve issues including spousal support, alimony and/or property division upfront, ensuring both parties are on the same page, especially on topics as important as finances. Other times, couples may realize after getting married they need to reach an agreement, and this is also permitted. These post-nuptial agreements are frequently called “post-nups”. And lastly, if it comes down to the break up of a marriage, you can reach a separation agreement – this should be done before a court grants a divorce, but can even be done before separation.
There are strict requirements that apply to marital agreements, which makes drafting them on your own risky. Our family law attorneys at Apple Payne Law can advise you on your rights regarding a marital agreement. Before you sign anything, discuss your options with a Kernersville marital agreements lawyer.
There are different types of marital agreements available under state law. Prenuptial agreements are legal contracts made between individuals prior to their marriage. Postnuptial agreements apply to a couple who is already married. Separation agreements provide separated couples with some of the protections available through a divorce. A well-versed attorney with Apple Payne Law can assist with drafting any of the following martial contracts.
One of the most common forms of marital agreement is the prenuptial agreement. Informally known as a “prenup,” these agreements are signed by future spouses prior to their wedding. Prenuptial agreements set out many of the important terms of a divorce should the couple split in the future.
A postnuptial agreement, or “postnup,” is one that is made by a married couple during their marriage. Changing circumstances in a marriage could push a couple to enter into one of these agreements, even if they are not considering divorce.
Not every type of marital agreement is related to divorce. Separation agreements provide legal rights to couples who have separated but remain married while they work out their differences or decide to divorce. Separation agreements cover issues like spousal support and the division of assets.
Every person considering a marital agreement has their own reason for doing so. The benefits of a prenuptial agreement could be very different from the benefits of an agreement between spouses. An experienced marital agreements lawyer at Apple Payne Law can advise on the benefits of a marital agreement at any point in the relationship.
For unmarried couples, an agreement ensures open communication and mutual understanding before the marriage is formalized. This puts both spouses in a position of honesty, with both sides having a clear understanding regarding financial issues now and in the future.
The benefits related to postnuptial agreements are often based on events that occurred during the marriage. For example, many couples opt for postnuptial agreements to protect one spouse from the debt incurred by the other while they were married.
Above all, marriage contracts allow for individuals to protect the assets they bring into a marriage. This could include financial assets or even the ownership of a closely held business. A marital agreement is a good opportunity to make financial plans for the future with certainty.
Marital agreements are a helpful tool for everyone, from newly engaged couples to spouses potentially considering a divorce. These agreements could ensure you protect yourself financially should your relationship dissolve in the future.
At Apple Payne Law, our attorneys are dedicated to helping families navigate life’s important decisions. Our Kernersville marital agreements lawyer can provide you with your legal options regardless of the current state of your relationship. Reach out right away for an initial consultation with Apple Payne Law.
"*" indicates required fields
190 Charlois Blvd.
Suite 200
Winston-Salem NC 27103