PRENUPTIAL AGREEMENTS

The attorneys at NicholsonPham will not represent you both. The rules of ethics for attorneys do not permit us to engage in joint representation where an unwaivable conflict of interest exists and we believe one does in this instance. If you want a prenuptial agreement, we recommend that each party have the opportunity to seek independent legal counsel so that both parties understand and voluntarily sign the agreement.

It all depends on the parties. Some clients are only concerned about one issue, for example a business owner whose business partners required her to sign a prenuptial agreement so that the business would never be considered a marital asset. Other clients have family money or property that their parents or grandparents want kept inside the family and not made part of the marital property. Other clients may want to discuss how property (including debt) will be distributed if the parties separate or what types of estate planning will be required.

The statute governing prenuptial agreements is broad and includes all matters that do not affect the rights of a child to support or that are not in violation of the law or public policy

It depends on the complexity and the availability of the other party’s attorney. If the marriage date is coming soon, we recommend you call NicholsonPham immediately to begin the work. We are comfortable with deadlines and will work with you and your fiancé(e) to draft the appropriate agreement so that you can concentrate on the other details of beginning your new life together.

Probably. We can review your out-of-state prenuptial agreement to make sure it satisfies the formalities of North Carolina’s rules. Most prenuptial agreements have a choice of law provision that decides what state’s law will apply if the parties later move to another state and have to go to court.