In today’s world, individuals are getting married later in life than previous generations have. As a result, many people are entering into marriages with their own assets, such as homes and other properties, inheritances, retirement accounts and more. In order to protect these assets once married, it may be in your best interests to seek out a prenuptial or premarital agreement.
At the office of Miller & Audino, LLP, in Greenville, North Carolina, we put over four decades of experience to work when dealing with prenuptial agreements, other marital contracts and all types of family law cases.
- A prenuptial agreement or premarital agreement is a legally binding contract that specifies what property and assets will be retained by each individual person entering into the marriage. The specified details will be considered separate property, not marital property.
- We do not see prenups as an impending sign of marital doom and divorce. Our lawyers strive to educate clients on the benefits of creating, negotiating and solidifying an agreement so you can move forward with your new spouse on solid ground and mutual understanding of your rights.
A postnuptial agreement is the same thing, just with the document being created and mutually agreed upon after the marriage has already taken place.
Challenging Prenuptial, Premarital And Postnuptial Agreements
- Even when an agreement is signed, this does not mean that it is done and over with if the couple divorces. It is essential to have an attorney review your prenuptial/postnuptial agreement as part of the divorce process to ensure your rights are protected.
- Aspects of the agreement may be challenged in court, or you may be called to defend a portion of the assets that are technically covered by the agreement.
- While agreements are frequently upheld, you should know your options before moving forward with distributing assets according to an agreement you signed before or after the marriage became legal.
Contact Miller & Audino, LLP, To Learn More Today
To further discuss your situation, whether you have already signed a prenup or are considering having one composed, get in touch with our Pitt County-based firm now. Email us or call us at 252-493-6138 or toll free at 866-410-9923.