What Does A Prenuptial Agreement Mean For Your Divorce?
Prenuptial agreements can be very useful for couples that wish to prepare for the possibility of separation or divorce. At Daly Mills Family Law, we can assist with all of your prenuptial agreement issues before or during a divorce. We also work with clients who are looking to create a binding prenuptial agreement or cohabitation agreement.
The Impact of a Prenuptial Agreement in Divorce
Our proven divorce lawyers can use the prenup agreement as the controlling document for issues agreed to and still continue to mediate or litigate issues not discussed in the agreement. In many cases, spouses aren’t able to fully consider all issues that may arise in divorce before marriage, which means that there will still be divorce proceedings. The following issues may or may not be determined in a prenuptial agreement:
- Child support
- Child custody
- Spousal support or alimony
- Asset distribution
- Property division
- Business income distribution
A prenuptial agreement in North Carolina is a contract that preempts divorce negotiations that are contrary to the agreement. The prenuptial agreement is usually binding on the parties seeking a divorce unless the prenup was signed fraudulently or when either party was under duress.