Daniel A. Lewis | Divorce & Family Law Attorney
George Clooney has recently been in the news about his upcoming marriage and the fact that he may be considering a prenup. But prenups, or more formally “prenuptial” or “premarital” agreements, can be helpful to the rest of us too. These agreements are prepared, discussed, and signed before marriage and resolve how property will be divided and spousal support or alimony will be paid (if at all) in the event of divorce. In North Carolina, prenups executed after July 1, 1987, are governed by the Uniform Premarital Agreement Act (Chapter 52B of the North Carolina General Statutes).
A few points about prenuptial agreements:
- They must be in writing and signed by both parties;
- Both parties must enter into a prenuptial agreement voluntarily;
- There must be fair and reasonable disclosure of the property or financial obligations of both parties;
- They cannot eliminate the right of a child to support; and
- They become effective upon marriage.
So who should consider getting a prenup? If you’re getting remarried and have children from a prior marriage, a prenup can ensure your wealth is passed on to them. Or perhaps you want to protect some of your assets, like a small business. There are many reasons to consider a prenuptial agreement. If you are interested in learning more about them, schedule a consultation today.
Dan Lewis is a family law attorney in Charlotte, NC. His experience includes litigation, mediation and the Collaborative Law process. Mr. Lewis has represented clients in a variety of cases involving separation and divorce, complex child custody issues, equitable distribution of assets and debts, and domestic violence.