Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Answering Your Questions / FAQs about premarital agreements

FAQs about premarital agreements

Do I need a premarital agreement?

Many people believe that premarital agreements are only beneficial to protect the assets of wealthy people or people with children from earlier marriages. While it is true that asset protection and estate planning are still significant reasons to consider having one, a well-crafted, comprehensive premarital agreement is also a good way to avoid the expense and conflict that may arise if the marriage does not succeed.  A premarital agreement can also set out your rights and obligations in advance of any potential future difficulties.

What issues can be the subject of a premarital agreement?

It can establish your rights and obligations with respect to the ownership and use of property during your marriage; your ability to incur or pay off debt without your spouse’s participation during your marriage;  to distribute property in the event of separation and divorce; to establish or waive alimony or other spousal support rights and obligations in the event of separation and divorce; to provide for or waive inheritance rights in wills and otherwise; to provide for or create rights to life insurance policies and other death benefits; and even to govern various aspects of your marital relationship, provided that your agreement does not violate public policy or criminal statute.

What formalities are required in order to create a valid premarital agreement?

A premarital agreement needs to be in contemplation of an impending marriage (which actually takes place) and signed by both parties.  Both parties to the agreement should provide full disclosure of the nature and extent of their assets, debts, and income to each other or waive their right to have such disclosure prior to signing the agreement.

Do we need a lawyer in connection with creating a premarital agreement?

While it is possible for you to create your own agreement, the agreement is more likely to be enforceable and to say what you want it to say if it is drafted by an attorney.  In addition, it is always helpful to be fully informed regarding what your rights and obligations would be in the absence of the agreement and how the various terms in the agreement may affect those rights.  Finally, because you are dealing with important individual rights and obligations, it is not appropriate for you and your prospective spouse to use the same attorney.  It may violate the ethical rules governing attorney conduct for the same attorney to represent both parties in the negotiation and drafting of a premarital agreement.

Am I required to sign if my spouse-to-be asks me to?

The question of whether or not to enter into a premarital agreement and, if so, what the terms of the agreement should be is personal to you. You cannot be compelled to sign an agreement or to give up any of your rights if you do not want to.  Often, by talking openly about the reasons one or both prospective spouses may desire a premarital agreement and by negotiating a fair exchange of rights and obligations, you can enter into your marriage with some certainty of the outcome if the marriage does not succeed.

Am I forever bound by my signature on a premarital agreement?

In general, if you voluntarily enter into and sign a premarital agreement based on full disclosure or a waiver of full disclosure, your agreement will be enforceable.

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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Our WFLG associates, Rachel Beard, Carly Baker, Kelley Cash, and Melanie Phillips. March 2022 ... See MoreSee Less

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Happy birthday to WFLG partner, Justin Mauney! You can read more about Justin at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/justin-l-mauney/ ... See MoreSee Less

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Work anniversaries: March is 1 year since paralegals Caitlin Tatum and Austin Hiskes joined our firm! Thanks for all your hard work and everything you do for WFLG! We are so lucky to have you as part of our work family. ... See MoreSee Less

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WFLG is pleased to announce that Norieh Brittain has joined the firm as an associate attorney.Norieh graduated with honors from North Carolina Central University School of Law where she received much recognition for her achievements in Moot Court. Norieh practiced with another local family law firm before joining our firm. Norieh is a second career lawyer, having had a career in the corporate world prior to law school, and she is a mother to three young children. As a wife and mother, Norieh understands the complexities that come with issues that arise in family law. Her passion is to not only protect her clients and their interests but to represent them fiercely.She is also fluent in the Farsi/Persian language and is one of the only family law attorneys in the state to have that special skill. Welcome to WFLG, Norieh! ... See MoreSee Less

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When you feel like you must vent about your ex/your divorce/custody problems/etc. on Facebook, please don’t. Your lawyer will thank you. #wflg#northhillsdivorce ... See MoreSee Less

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WFLG attorneys Rachel Beard and Carly Baker are volunteering today at #4ALLNCBF, the North Carolina Bar Foundation Statewide Service Day. #4ALL provides free legal answers to callers across the state today. #ncba #ncbfoundation #probono #volunteer #attorney ... See MoreSee Less

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Celebrating the WCPSS performing arts and the 40th anniversary of Pieces of Gold. #wcpss #unitedartscouncilofraleigh#piecesofgold#wflg#northhillsdivorce ... See MoreSee Less

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#Arbitration in family law cases is a critical tool in efficiently and privately resolving disputes when the parties cannot reach their own settlement. @Ketan Soni and @Nancy Grace recorded this program as part of the North Carolina Bar Association (NCBA) Expert Series CLE. Learn more here:https://lnkd.in/g5-DGMXt?#law #lawtech #divorce #divorcelawyer #familylaw #familylawyer #court #northcarolina #disputeresolution ... See MoreSee Less

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Wishing a very happy milestone birthday to WFLG founding partner, Helen O’Shaughnessy!You can read more about Helen at: https://wakefamilylawgroup.com/family-law-divorce-attorneys/helen-m-oshaughnessy/ ... See MoreSee Less

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Rest well, Odis Stephenson. You were a bright light to so many of us lawyers in the courthouse—always encouraging, always kind. Thank you for sharing your stories about your family with us (we know your reunion with your beloved Lizzie must have been joyous). Thank you for reminding us that FAMILY is at the center of what we do at the courthouse and why we do it. You were a treasure to this community and a credit to the profession you so proudly served. ... See MoreSee Less

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