Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
A Commitment to Each Other — In Clarity and Strength
Prenuptial agreements are contracts signed by both parties prior to the date of marriage. A prenuptial agreement can resolve marital rights of equitable distribution, spousal support and inheritance rights, but cannot address child custody and child support issues.
At Ellis Family Law, P.L.L.C., we view premarital agreements from a different perspective. A prenuptial or premarital agreement is a way to ensure that the promises you made are the promises kept. It is a commitment to each other that you will honor your word, even if times get hard.
It is a guidepost for how to navigate your financial lives together with transparency and strength. These agreements protect you and your partner in the event a marriage does not last, spelling out rights and responsibilities regarding property division or spousal support in order to avoid costly litigation down the road.
You and your spouse can talk with each other about what would happen if you separated or divorced. However, the court can’t enforce the agreement unless it is in writing and properly drafted and signed. This is why it’s crucial to create a legal prenuptial agreement.
We understand that there is a stigma around prenups and many people find them to be unromantic. However, protecting your interests in a marriage isn’t something to be ashamed of. It’s a smart strategy that ensures you are protected in the event of a divorce.
While prenuptial agreements allow you to make decisions regarding issues such as property division or spousal support, you cannot include anything regarding child custody or child support. Only the courts can make the final decision regarding child custody and support, as they must consider the best interests of the child.
If you and your spouse did not sign a prenuptial agreement before marriage, you can still take steps to protect your assets after marriage through a postnuptial agreement. This type of legal contract is executed between married couples and offers peace of mind in the event of a divorce.
For example, if a spouse comes into a significant inheritance during the marriage, a postnuptial agreement can help establish how that inheritance will be treated. Likewise, if a spouse starts a new business during a marriage, a postnuptial agreement may help protect the company from property division if a divorce occurs.
Note: With postnuptial agreements, spousal support
and statutory inheritance rights can no longer
be addressed.
A prenuptial agreement is a contract signed by two parties anticipating getting married that can address any or all of the “marital rights” that come about in NC from getting married. These marital rights are equitable distribution (property division), spousal support and statutory inheritance rights (rights that are given to a surviving spouse regardless of a will or other beneficial document). These rights can be controlled by the parties through the use of a prenup, as opposed to relying upon the cookie cutter provisions provided in the law.
A prenup may affect alimony if an alimony provision is included. The parties have the ability to completely waive any future alimony claim or to determine a specific formula or means by which alimony would be determined.
A prenup can protect a business interest if it is addressed within the agreement in some way. It is not unusual for a prenup to include a waiver of the non-owner spouse’s marital interest and liability for any debts associated with the business interest.
While NC does not require that both parties are represented for a prenuptial agreement to be valid, one attorney cannot represent both parties as their interests are adverse to each other. This is true even if both parties are in complete agreement with the terms of a prenup.
At Ellis Family Law we focus on the whole picture, not just the here and now. We make sure to pair each client with the best fit for them so that the process is as comfortable as possible. From there we ensure that your current and future goals can be met through a personalized agreement that spells out your wishes and desires for your upcoming marriage so that you can have peace of mind and clarity about your path forward.
Couples should start the prenup process as early as possible. This helps to ensure you are both on the same page about financial rights and obligations, as well as, gives time for any negotiations and drafting of the agreement to avoid any coerci
Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
...Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
...Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
Christina is highly knowledgeable and offers excellent service.
...Christina is highly knowledgeable and offers excellent service.
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them...
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them no matter how big or small the issue. They are truly a one of a kind law firm and am so thankful I can count on their guidance.
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how...
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how to navigate it successfully, call Ellis Family Law. Amazing Attorneys!
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported...
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported from start to finish. They are professional, knowledgeable, and incredibly responsive. I worked with Christina & she was absolutely impeccable and I knew after the first phone call I was in the right place to handle my business. Thank you Ellis Family Law.
A prenuptial agreement is just one way we help clients plan ahead with confidence.
Customized agreements that address custody, support, and property division — keeping parties in control.
Strategic counsel for dividing assets and debts in a way that safeguards your financial future.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
