Premarital Agreements & Postmarital Agreements (Prenups & Postnups)

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What is a prenup?

Commonly referred to as a “prenup,” prenuptial or antenuptial agreements are contracts made by a couple prior to marriage.  The agreement becomes enforceable at the time the couple is wed, not before.  The purpose of entering into a pre-marital agreement with your partner is to protect and preserve what would otherwise become marital or divisible property.  A prenuptial agreement will prevent the specified property from going through the process of equitable distribution in case of separation or divorce and is instead distributed pursuant to the terms of the pre-marital agreement.

What can I put in my pre-marital agreement?

Pre-marital agreements can vary depending on what you are trying to accomplish.  The terms of a pre-marital agreement can include just about anything, as long as the terms do not violate public policy or criminal laws.  Things that are commonly addressed in pre-marital agreements include rights to, and interest in, various kinds of property, such as real property, personal property, and income or wages.  The agreement can also eliminate or limit the amount spousal support that will be due, such as alimony and post-separation support, in case of separation and divorce. However, a pre-marital agreement cannot limit or eliminate a parents child support obligation.

What if we signed a pre-marital agreement and change our minds about it later?

If you have entered into a pre-nuptial agreement, or it is something that you are considering, it is important to know that changes can be made later.  A family law attorney can help with making changes to the terms of the agreement or with eliminating the agreement altogether.  If both you and your spouse decide to modify or revoke the pre-marital agreement at any time after you are married, a family law attorney can assist by putting the new terms in writing and will ensure that the new terms of the agreement are legally enforceable.
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Can we make an agreement like this after we become married?

Yes, you can make similar agreements later. These are called postnuptial agreements and are generally made based on one of two circumstances. The first instance would be an agreement that you are making because you want to get separated or divorced. These types of post-marital agreements are often called separation agreements and, like a pre-marital agreement, may include clauses pertaining to property settlement and post-separation support.  The second circumstance would be an agreement made by the spouses after marriage, but without any intention of separating or getting divorced.  This second type of post-marital agreement can include terms regarding property rights but cannot include clauses related to spousal support.

Can a family law attorney help me prepare a pre or postnuptial agreement?

Yes, you can hire a family law or divorce attorney to help you prepare the documents required to protect your property and assets or distribute them as you like. A family law attorney can also help you modify or revoke an existing agreement as you see fit.

Greensboro Prenup Lawyer & Postnup Lawyer Reviews

” I was privileged to be represented during a lengthy and essential legal matter by Garrett, Walker, Aycoth, and Olson Law Firm. They are diverse in their practice and bring knowledge and understanding that surpass all expectations. They continued to uphold, inform, and deliver on every matter presented during my case. Mrs. Hilary Hux, Casey Robinson, and Kristen Reese remained observant of all issues I brought before them. Thank you for the dedication and determination given to my case and the priority that I felt throughout this time.”
3/2/23 – Justin B
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