Marital Agreements
Whether you’re planning to marry or are already married, a marital agreement can provide valuable protection and peace of mind for you and your spouse. At Eatmon Law Firm, PC, we help clients in Wake Forest and throughout Wake, Durham, Franklin, and Granville Counties create comprehensive prenuptial and postnuptial agreements tailored to their unique circumstances.
Prenuptial Agreements: Planning for Your Future Together
A prenuptial agreement is a contract entered into before marriage that outlines how assets, debts, and other financial matters will be handled during the marriage and in the event of divorce or death. Many couples find that discussing these matters openly before marriage actually strengthens their relationship by ensuring both parties understand each other’s expectations and financial situations.
Prenuptial agreements are particularly valuable when one or both spouses:
- Own significant assets or businesses
- Have children from previous relationships
- Expect to receive substantial inheritances
- Have significant debt obligations
- Want to protect family property or heirlooms
Postnuptial Agreements: Addressing Changes After Marriage
Life circumstances change, and sometimes married couples need to revisit their financial arrangements. A postnuptial agreement serves the same purpose as a prenuptial agreement but is created after the wedding. These agreements can address new assets acquired during marriage, changes in income, or evolving family dynamics, especially in blended families.
Essential Components of Valid Marital Agreements
For a marital agreement to be enforceable in North Carolina, it must meet specific legal requirements. Both parties must fully disclose their financial situations, enter into the agreement voluntarily without coercion, and have the opportunity to consult with independent legal counsel. The agreement must be fair and reasonable, and both parties should understand the rights they’re giving up.
Common provisions in marital agreements include:
- Division of property acquired before and during marriage
- Spousal support arrangements
- Protection of business interests and professional practices
- Inheritance rights and estate planning considerations
- Debt responsibility allocation
- Special provisions for blended families with children from previous relationships
Benefits Beyond Divorce Protection
While many people think of marital agreements solely as divorce planning tools, they serve broader purposes. These agreements can clarify financial responsibilities during marriage, protect assets for children from previous relationships, and ensure business operations remain uninterrupted by personal legal matters.
Why Professional Legal Guidance Matters
Creating an effective marital agreement requires careful consideration of North Carolina family law and attention to detail in drafting. Our experienced attorneys understand the nuances of marital agreement law and work closely with clients to ensure their agreements reflect their wishes while meeting all legal requirements.
At Eatmon Law Firm, PC, we approach marital agreements with sensitivity and professionalism, recognizing that these conversations can feel uncomfortable. Our goal is to help you protect your interests while preserving the trust and communication essential to a strong marriage.
Ready to discuss how a marital agreement might benefit your situation? Contact Eatmon Law Firm, PC at 919-435-0565 to schedule a consultation and learn more about protecting your future together.