Prenuptial Agreements

A thoughtful and practical approach to premarital agreements can greatly affect your marriage’s success. Premarital Agreements, also known as a Prenuptial Agreement, have historically provided protection for things like family owned businesses, providing for children from prior marriages, inheritances, trusts, and other assets. Utilizing premarital agreements is not uncommon for those with considerable wealth or even those who simply want to ensure their children from a prior marriage are provided for financially. Often, the “one size fits all” approach of divorce law, does not result in the fairest or best division of assets and debts. Judges must decide cases within the authority of the law that governs the issue at hand. Generally, they cannot creatively resolve these issues simply because the law does not allow it. With a premarital agreement, couples can decide in advance essentially their own rules for how their assets and debts are classified, valued and divided. And, they can determine in advance whether spousal support will be paid and, if so, how the amount and duration are arrived at. They can even decide how disputes that may arise from their agreement will be decided and by whom.

Some may say that approaching a marriage with a prenuptial agreement in hand is an awfully cynical way to start a new relationship. Monty believes its not cynical – it is practical. A thoughtfully crafted premarital agreement gives couples equal control over these issue from the beginning and they are not left wondering what rules or, for that matter, what law will apply if the marriage ends in divorce at some unknown date in the future. Remember, legislators and appellate courts are constantly revising the laws related to divorce, so the divorce laws on the date of your marriage may not be the same divorce laws on the date of your separation or divorce. And, for spouses with children from prior marriages, a well drafted premarital agreement gives couples the opportunity to preserve assets for these children if the new relationship ends, for example, because of their death.

As a result of this changing aspect of the function of premarital agreements, proper consideration of document language and an appropriate discussion about such an agreement with your future spouse are of the utmost importance in these situations. Monty Beck can assist you in determining the correct approach to take and help you to create a sound, binding agreement that protects your interests.

Coward, Hicks & Siler, PA, is a general practice law firm, whose lawyers are authorized and licensed to provide legal services in the State of North Carolina. We serve clients throughout western state, in Franklin, Sylva, Murphy, Cherokee, Bryson City, Waynesville, Highlands, Cashiers, Cullowee, Robinsonville, Brevard, Asheville and surrounding townships.

The main content of this site is updated as necessary to ensure accuracy. Blog posts are accurate as of the date of publication and are updated with new posts in the event of changes in the law. All material found on this website is primarily intended for the purpose of marketing, and to allow visitors to compare the services offered by Coward, Hicks & Siler with those offered by similar law firms.

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    Sylva

    705 W. Main Street
    Sylva, NC 28779
    Phone: 828-586-2147
    Facsimile: 828-586-2605

    Cashiers

    211 Cashiers School Road
    P.O. Box 1918
    Cashiers, NC 28717
    Phone: 828-743-2401
    Facsimile: 828-743-2403

    Franklin

    43 West Main Street
    Franklin, NC 28734
    Phone: ]828-524-6475
    Facsimile: 828-524-9833