A prenuptial agreement, also known as a prenup, is a legal agreement between two people who are planning to get married. The purpose of a prenuptial agreement is to establish the property and financial rights of each spouse in the event of a divorce or legal separation. Typically, a prenuptial agreement will outline how assets and debts will be divided in the event of a divorce or separation, as well as how spousal support (alimony) will be determined. It can also address other issues such as inheritance rights, responsibility for premarital debts, and the ownership and disposition of property acquired during the marriage.  The one thing a prenuptial agreement can not cover is child custody. If you are considering a prenuptial agreement contact us at Dummit Fradin and let us help you execute a premarital agreement today.

Many times when clients agree on prenuptial agreements they will also include a sunset clause.  A sunset clause decides on a date that the prenuptial agreement will expire. There are two primary types of sunset clauses.

1. The first type of sunset clause will invalidate the prenup after a certain amount of time has passed in the marriage.
2. The second type phases out the terms over time.

If you’re interested in a prenuptial agreement and a sunset clause, contact us at Dummit Fradin and let us help you.

A prenuptial agreement is a complex and legally binding contract that can have serious consequences if not drafted properly and executed. It is not recommended to draft your own agreement, as courts interpret the language contained within the agreement and the intent of the parties at the time it was executed. Seeking legal counsel from an attorney knowledgeable about contract and family law is advised, as they can accurately reflect your intentions and provide provisions that can serve as a compromise. It is recommended that both parties should seek legal counsel to ensure they are being adequately protected when entering into a marriage. Dummit Fradin in Greensboro can provide assistance in discussing prenuptial agreement needs.

A Family Law Attorney addresses defenses to a prenuptial agreement and what can invalidate one. In general, a prenuptial agreement is enforceable as long as the parties under the prenup are free from fraud, duress, and undue influence.

• Prenuptial Agreement Must Be Fair and Reasonable

Two of the most common defenses for a prenup are fraud and duress. The most common way to win on a defense of fraud is to show that one spouse did not fully disclose their assets.

• Prenuptial Agreement Can Not Be Executed While One Party Is Under Duress

If a prenup is executed while one party is under duress, it can be set aside.  Duress exists when one party causes the other to do something they would not have done otherwise.  There are several factors to consider when determining if someone was under duress.

1. Age
2. Mental Condition
3. Physical Condition
4. Threat of Physical Violence or Force

If you are concerned about your prenuptial agreement contact us and we’ll see if it is valid and enforceable.

A respected Family Law Attorney briefly explains what a prenuptial (prenups)agreement and a postnuptial (postnups) agreement are.

Prenuptial Agreement

A prenuptial agreement, also known as a premarital agreement, is a legally binding contract between two individuals before their marriage.

Postnuptial Agreement

A postnuptial agreement is a contract that is entered into during the marriage.

There are two types of postnuptial agreements.

1. Entered into by spouses while married before they have separated but they are not thinking about separating or divorcing.
2. Entered into by spouses during the separation in preparation for a divorce. It is commonly referred to as a “separation agreement.”

If you find yourself wondering if you need a prenuptial or postnuptial agreement contact us and we can help you understand the legal aspects of each.