Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
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
Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
...Tremendously helpful, responsibly aggressive in an advisory capacity. Fortunate to have been referred to Kathleen.
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and...
Kathleen and her team are excellent. She is straightforward, professional, and gives honest advice, even when it isn’t what you want to hear. She focuses on your best interests and helps you work through a difficult process. I appreciate her guidance and the team’s support. Highly recommend.
Dear Shannon Tucker and Ellis Family Law, I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of...
Dear Shannon Tucker and Ellis Family Law,
I truly cannot say enough good things about Shannon and her team. Going through a custody battle involving my son was one of the most stressful and emotional situations I’ve ever faced, and having Shannon in my corner gave me an incredible amount of peace of mind.
From the beginning, I trusted her completely. Even with an incredibly short notice with my request for help, Shannon handled every aspect of my case tactfully, professionally, and with genuine care. She was an incredible negotiator, always made sure I understood what was happening and when/why it was happening, and most importantly, made sure I felt comfortable with every decision along the way.
In a situation that naturally comes with so much stress and uncertainty, Shannon took a tremendous amount of that weight off my shoulders. I knew she was fighting for what mattered most to me and that I could trust her judgment every step of the way.
Calling her a lifesaver honestly feels like an understatement. I will always be grateful for what Shannon did for me and my family. If you are looking for an attorney who is professional, compassionate, trustworthy, and someone you genuinely want in your corner, I cannot recommend Shannon and Ellis Family Law highly enough.
Five stars without hesitation, thank you so much!
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job!...
I had a civil matter that two attorneys from different firms had handled very poorly. I engaged the services of Kathleen Murphy at Ellis and she did an exceptional job! My only regret is I didn’t meet her years ago
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations...
I was able to enjoy the professional and capable hands of a superior attorney. She made an ugly situation bearable. She was able to get things for me in negotiations that I’d only hoped for. I couldn’t be happier with the results of my divorce.
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter...
I cannot say enough good things about this law firm and the support I have received from Kathleen and her team. Going through a difficult and emotional family law matter can be incredibly overwhelming, but having an attorney who is knowledgeable, responsive, honest, and truly listens has made such a difference.
Kathleen has taken the time to understand my situation, answer my questions, explain my options, and help me navigate decisions that I never expected to have to make. I have always felt that my concerns were taken seriously and that I had someone in my corner advocating for me while still giving me realistic and straightforward advice.
The entire office has been professional, compassionate, and helpful throughout the process. When you’re dealing with something that affects your children, your family, and your future, having confidence in the people representing you means everything.
I am extremely grateful for Kathleen and her team and would highly recommend this office to anyone looking for knowledgeable and compassionate representation in a family law matter.
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!
