Divorce in North Carolina isn’t easy to navigate, and there may be matters that become more challenging to resolve should the couple be at odds. However, prenuptial agreements, also called prenups, have become more popular throughout North Carolina, and for good reasons. Enlisting the support of an experienced North Carolina prenup lawyer can ensure your agreement meets all legal requirements and all of your needs.
What Are Prenups?
A prenup details what happens to assets, debt, property, and income if you decide to divorce or separate. This could also include an alimony arrangement but doesn’t include anything regarding child custody or support. The divorce process in North Carolina includes several steps, and you may find that property division becomes much more challenging unless you have a prenup.
If you’re looking to hire a prenuptial agreement lawyer in Concord, NC, our team at The Law Offices of Aimee E. Cain can help.
Here are ten reasons we believe prenups are a viable option for you.
- Simplifies the Divorce Process
If you have a prenup agreement made, and you eventually divorce, you can easily refer back to your agreement to determine how your property will be split.
- One Spouse Has High Income
If you make more money than your spouse, you could have to pay alimony after a divorce. The longer you and your partner stay married, the more likely it may be that you’ll be required to pay alimony. If you don’t want to risk paying alimony, consider creating a prenup.
- You Have Children From a Previous RelationshipAt The Law Offices of Aimee E. Cain, we can be the kind of guide that you need to navigate the divorce process. Contact us today.
You cannot make decisions through your prenup that discusses plans for child custody or child support. However, a prenup can preserve future income for your children, and this income may fall into the marital property category.
- One Spouse Has Significant Assets
Assets such as luxury cars, real estate, or 401K accounts should remain separate if you decide to divorce. A prenup can keep these assets protected.
- You or Your Partner Own a Business
Your business could be split unfairly after a divorce, and this could lead to highly contentious arguments. To avoid these arguments entirely, create a prenup that protects your business.
- You Have Stock Holdings
In a divorce, one party may be able to claim all or some of your stocks. However, a prenup prevents the other party from taking them, as you can keep whatever stocks you own without any risk of them being taken.
- You Have Pets
This can sometimes be overlooked, but if you own a pet that is expensive to take care of, you want to ensure it goes with the right spouse after a divorce. Some spouses may even use pets as a bargaining tool for a divorce, but a prenup could prevent this and keep your pets safe.
- You’ve Accrued Severe Debt
Simply put, a prenup is essential if you or your spouse have a large amount of debt. It’s wise to create a prenup that elaborates on how to deal with this debt if you divorce.
- You Plan to Have Children
It can be challenging to pause your career to have kids and even more difficult to restart your career after a divorce. Prenups protect your rights to marital assets, which may help in the case of divorce.
- Your Spouse Can Be Difficult
If you find it hard to agree on certain terms with your spouse, or if they’re acting stubborn, you may want to handle these matters in a prenup rather than risk a difficult time in your divorce proceedings. For example, your spouse may not know what they are entitled to in a divorce, and if they don’t understand how this process works, you could refer to your prenup for clarity.
Q: How Much Does a Prenup Cost in North Carolina?
A: A prenup in North Carolina costs around $866 to create and file. This could seem like a lot, but many couples find this price to be worth it. Prenups protect your assets and property, so there aren’t any disputes over their division if you choose to divorce later on. It may be worth it to spend $866 on this agreement in order to avoid losing thousands of dollars later.
Q: Do You Need a Lawyer for a Prenup in North Carolina?
A: You do not need a lawyer to establish a prenup, but having a lawyer by your side can be greatly beneficial. They can ensure the terms set in the prenup are fair and accurate, and if there is a dispute over something related to the prenup, you can ask your lawyer for their guidance. The legal system in North Carolina can be confusing to understand at times, as there are several details that you may not even notice.
Q: Does a Prenup Override a Will in North Carolina?
A: A prenup cannot override a will, but it can provide additional information and clarity for a situation. Estate plans, such as wills, go into effect after someone passes away, and their assets are distributed based on that. However, prenups take effect when a couple separates or divorces. A prenup does not cancel out the terms set in a will.
Q: Is Divorce Easier With a Prenup?
A: Prenups can streamline the divorce process considerably. Rather than debate over who receives what in a divorce, you can refer to the prenup, which you helped create while married. You can abide by these terms without needing to have lengthy discussions over them if you do end up divorcing. While there may still be factors to consider and resolve, prenups overall make the divorce process easier to navigate.
Create Your Prenup With Our Help
It is highly advised you craft and file a prenup so you and your spouse can save time if you end up separating or divorcing. You don’t want to risk losing any assets you’ve worked hard to obtain. If you have stock holdings, pets, children, or expensive assets, you should take the time to create a prenup that keeps all of these protected.
Our team at The Law Offices of Aimee E. Cain can go over your prenup if you have any questions. Contact our team today, and we’ll be ready to assist you.