Getting married is an exciting and joyous occasion. However, it requires a lot of planning, including the creation of a prenuptial agreement. A prenuptial agreement or “prenup” is a legal document that outlines the rights and responsibilities of each spouse if the marriage ends in divorce. Although prenuptial agreements may not be the most romantic thing to discuss before getting married, they are an essential part of the planning process. In this blog post, we will discuss the process for creating a prenuptial agreement, what goes into it, what doesn't go into it, and how an attorney can help.

Step 1 – Discuss the Idea with Your Partner: The first step in creating a prenuptial agreement is to talk to your partner about why you want one. It is essential to have an honest and open conversation about finances and what you both envision for your future. Discussing a prenuptial agreement early on can potentially prevent any misunderstandings and reduce arguments later on.

Step 2 – Hire an Attorney: It is vital to hire an experienced attorney who specializes in prenuptial agreements to help draft your document. A prenuptial agreement is a legal document that must follow state laws and regulations. A skilled attorney can ensure that your agreement meets all of the requirements in North Carolina.

Step 3 – Discuss and Agree on the Terms of the Agreement: Before creating an agreement, you and your partner must discuss and agree on the terms, such as how property and assets will be divided in the event of a divorce. Both parties must be honest about their financial situation, income, and debt.

Step 4 – Prepare the Agreement: Once you have agreed on the terms, your attorney will prepare the agreement. It must be in writing, signed by both parties, and notarized. Both parties must have their attorney review the agreement and ensure that they understand all the terms.

Step 5 – Keep the Agreement Updated: It is essential to review your prenuptial agreement from time to time as your financial situation changes. You may need to update the agreement to reflect changes in your assets or if there are any major life events such as the birth of a child.

What Goes into a Prenuptial Agreement: Prenuptial agreements typically address the distribution of property, spousal support, and other financial matters in case of a divorce. It can outline who gets what in the event of a divorce, how assets and debts will be divided, and any spousal support that needs to be paid.

What Doesn't Go Into a Prenuptial Agreement: Prenuptial agreements cannot include things such as child custody or child support. These issues are decided by the court based on the best interests of the child. Prenuptial agreements also cannot be used to encourage divorce or include anything illegal or against public policy.

How Can an Attorney Help: Working with an attorney can help ensure your prenuptial agreement follows North Carolina laws and addresses all of your concerns correctly. An attorney will also be able to guide you and your partner through the process, making sure all terms are fair and agreed upon.

In summary, creating a prenuptial agreement may not be something that couples want to think about when planning their wedding, but it is essential. A prenuptial agreement can provide peace of mind and financial protection to both parties. Hiring an experienced attorney to help with the drafting process is crucial to ensure that the document is legal and fair. While prenuptial agreements cannot cover everything, such as child custody, they can alleviate some of the stress and potential conflict that may come with a divorce. Updating your agreement regularly with your attorney can make sure that it reflects your current financial situation and any other changes in your life.