Wake Forest Prenuptial Agreement Attorney

While the prevalence of divorce has remained steady, few of us think we will end up being a part of this statistic. In fact, only 11 percent of Americans believe their marriage will end in divorce, while only about 5 percent of couples have a prenup in place when they divorce. Yet a national survey found that one in four spouses have at least thought about divorce in the past six months.

Just as most of us do not plan to die any time soon—but still purchase life insurance policies just in case—prenups serve the same purpose. If you believe your marriage will last but think having a prenuptial agreement in place as insurance is important, speaking to a Wake Forest prenuptial agreement attorney from Tolin & Tolin, PLLC can be incredibly important.

At Tolin & Tolin, PLLC, we will clearly present your options related to a prenuptial agreement, then offer our recommendations and advice in a straightforward, clear manner. We want to empower you to make choices in your prenuptial agreement that will best protect you should the need arise. We are a client-centric firm, believing in always going the extra mile for our clients, ensuring their concerns are dealt with honestly and comprehensively.

While other law firms may lack empathy and compassion, we want you to know that when it comes to Tolin & Tolin, PLLC, bigger does not mean better, older does not mean wiser or more experienced, and louder does not mean more easily heard or understood. In short, we have your best interests at heart from start to finish and have the experience, knowledge, and skills to back that up.

What Can Be Included in a North Carolina Prenuptial Agreement?

Issues regarding the rights and obligations associated with the ownership and use of property during your marriage are just one of the primary topics detailed in a North Carolina Prenuptial Agreement. The payment of debts, how property will be distributed in the event of separation or divorce, and whether one spouse will be obligated for spousal support (or whether spousal support is waived by one spouse) are common issues addressed in a prenuptial agreement.

Such issues as whether life insurance will be provided to either spouse by the other, whether inheritance rights are waived, or even the governing of specific aspects of your marital relationship can all be addressed in a prenuptial agreement—so long as no public policy or criminal statute is violated.

Generally speaking, a prenuptial agreement cannot include personal preferences, such as who will unload the dishwasher, or such things as where holidays will be spent, how child-rearing will be accomplished, or what relationship will be had with specific relatives. If a judge sees a prenuptial agreement that contains these items, he or she may view the entire document as “frivolous,” striking it down entirely.

Prenuptial agreements may not contain anything illegal, terms involving child support or child custody, unfair or unreasonable terms, or incentive for divorce. A postnuptial agreement. A postnuptial agreement is essentially the same document as a prenuptial agreement, but it is created after the marriage occurs.

How is a Valid Prenuptial Agreement Prepared?

It is rarely a good idea to attempt a DIY prenuptial or postnuptial agreement. There are laws in place governing these documents, and a single mistake can void the entire document. An experienced Wake Forest prenuptial agreement attorney from Tolin & Tolin, PLLC, can ensure the rights of both spouses are fully protected and that there is no coercion involved by one party against the other.

It is essential that both parties have a full understanding of the agreement, including how it will impact them in the event of a divorce. A valid prenuptial or post-nuptial agreement must be signed by both parties, and there must have been full disclosure of the nature and extent of each party’s assets, debts, and income prior to signing—or one spouse must have waived his or her right to have a disclosure prior to signing the agreement.

If My Spouse Asks Me to Sign a Prenuptial Agreement, Do I Have To?

You never have to sign a prenuptial agreement, and, in fact, if it is found that you were pressured or coerced in any way, that could nullify the agreement. If one spouse wants a prenuptial agreement and the other is adamantly opposed, this could be indicative of deeper issues that should be solved prior to signing such an agreement. If both parties see the prenuptial agreement as a form of insurance—just like life insurance, health insurance, home insurance, and car insurance—then a prenuptial agreement can be nothing more than taking care of business. If one party feels as though the prenuptial agreement indicates a lack of trust on the part of the other person, then a prenuptial agreement can cause deep feelings of anger and betrayal. Both parties need to be on the same page regarding a prenuptial agreement, or there should be no pre or post-nuptial agreement at all.

Can a Prenuptial Agreement Be Changed or Nullified?

While a prenuptial or postnuptial agreement can certainly be changed or revoked entirely, both parties must agree. In fact, there are many different reasons a couple might want to change their prenuptial agreement, including:

  • The couple has children and seeks to account for the children in their prenuptial agreement
  • There is an agreement between the spouses for a redistribution of property allocation
  • Additional property is acquired by one spouse and both spouses want to include this property in the original agreement (otherwise, any property acquired during the marriage falls under equitable distribution rules of NC, meaning it will be divided fairly)

The pre or postnuptial agreement can be revoked anytime both parties agree they no longer want such an agreement. To modify or revoke a prenuptial agreement, it is wise to discuss the matter with an experienced Tolin & Tolin, PLLC prenuptial agreement attorney. To change a prenuptial agreement, your attorney may choose to add to the original agreement or sign a separate agreement that effectively modifies the terms of the original document. In many cases, the original agreement includes terms for how amendments and cancellations will be handled.

How a Wake Forest Prenuptial Agreement Attorney Can Help

Speaking to a highly skilled prenuptial agreement attorney from Tolin & Tolin, PLLC can make a significant difference in the details and outcome of your agreement. We will ensure that both parties are on board and that there is agreement regarding the details. When you choose a prenuptial agreement attorney from Tolin & Tolin, PLLC Law Group, you will speak to a legal team that is always approachable and attentive, providing highly personalized attention to each and every client. Attorney Jay Tolin is extremely well-respected in the legal industry, and rightfully so.

Jay takes the time to listen and explain things clearly while making you feel as though your call is the most important call he has. Jay and his legal team offer sincerity and dedication, with a focus on helping clients solve their problems and get their lives back on track. We serve Wake Forest residents, as well as clients throughout Franklin, Person, and Granville Counties. Every Client. Every Day. We Make a Difference by Delivering Exceptional Client Experience and Outstanding Results. Contact Tolin & Tolin, PLLC today.