If you and your fiance are considering a premarital agreement, Kathryn Schiller can assist you and provide you with legal advice during the drafting and negotiation process.
Premarital agreements, also called prenuptial agreements or ante-nuptial agreements, are written contracts between two people who are about to marry. Premarital agreements can set the terms of the parties’ rights and obligations regarding property and establishing or eliminating alimony.
The primary limitation on a premarital agreement is that “the right of a child to support may not be adversely affected by a premarital agreement.” However, the parties are free to waive all rights to property division (equitable distribution) and post-separation support and alimony claims, regardless of how this ultimately leaves the parties economically if the marriage ends.
You and your fiance should enter into a premarital agreement well in advance of your wedding day to avoid the appearance that one spouse was under any duress, coercion, or undue influence to sign the agreement to ensure that that wedding takes place. You and your fiance should each hire an attorney to individually evaluate the premarital agreement.
Contact Kathryn
To schedule a consultation to discuss a separation agreement, please telephone us at (919) 789-4677 or complete the contact form.