12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 27106

Do I Need a Lawyer for a Prenuptial Agreement in Zip Code 27106


It is not a lack of love, but a lack of friendship that makes unhappy marriages.
 
- Friedrich Nietzsche


A prenuptial agreement can be a great tool for couple to establish the financial rights of each spouse in unfortunate event of a divorce including protecting a family business, securing personal assets, and taking care of children.

In some states each party is required to have an attorney and in some states you don't need a lawyer to create a prenuptial agreement. A prenup must be in writing to be legally valid in every state. It is in your best interest to use an attorney drafted Prenuptial Agreement. Check out a free preview of an attorney drafted Prenuptial Agreement at 12Law.com.

Both parties must voluntarily execute the agreement, engage in full disclosure of their assets and liabilities and must sign the document in the presence of a notary public. Rules for prenups vary from state to state, and each contract will be evaluated on its individual merits. Some states require legal representation for both parties.

There are several conditions that can make a prenuptial agreement unenforceable: 1) the agreement is fraudulent because one party undervalued assets or failed to disclose them at all; 2) the agreement was coerced, signed under duress or signed without mental capacity; 3) one party didn't read the document before signing; 4) one spouse was given no time for consideration; 5) the paperwork wasn't properly signed and executed; 6) one party signed without proper legal representation (some states require it); and 7) The agreement is egregiously lopsided or contains invalid provisions such as no child support, frequency of sexual relations, visits by in-laws, etc.

The first step in the process is for the couple to agree on the essential terms of the prenup. Even in draft format, these terms should be in writing so that there is no miscommunication or misunderstanding. If prenup is drafted by a lawyer who is working for one party, it may be one-sided and adversarial and may hurt to process of getting to an agreement.

While prenups are often used to protect the assets of a wealthy fiancée, a couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse's property, leaving much less for the kids.

Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage. Or they may want to specify in advance how their property will be divided and whether or not either spouse will receive alimony (some states won't allow a spouse to give up the right to alimony). Prenups can also be used to protect spouses from each other's debts.

If you don't make a prenuptial agreement, your state's laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. Property acquired during the marriage is known as either marital or community property. State law may even have a say in what happens to some of the property you owned before you were married.

In summary, for a prenup to be effective, the prenup must be: 1) written (oral prenups are not valid); 2) executed voluntarily and without coercion; 3) executed only after full disclosure of assets and/or liabilities; 4) conscionable; 5) executed by both parties, preferably in front of witnesses (or a notary) and 6) written in a recordable format.

Only you can decide if hiring a lawyer is right for you. Check out 12Law.com for listings of lawyers in your neighborhood.
 
Personalize & Print a Free NC Premarital Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Page 8
Page 9
Page 10
Page 11
Related Legal Services near Zip Code 27106
McIver Roderick T
2720 Reynolda Rd
Winston Salem, NC 27106
(336) 727-9867
Attorneys, Corporation & Partnership Law Attorneys, General Practice Attorneys, Legal Service Plans,
Hendrick Bryant Nerhood & Otis LLP
723 Coliseum Dr
Winston Salem, NC 27106
(336) 723-7200
Attorneys, Corporation & Partnership Law Attorneys, Business Law Attorneys
Myers William C
3511 Buena Vista Rd
Winston Salem, NC 27106
(336) 724-7023
Attorneys, Legal Service Plans
Glaze Richard E Atty
530 Archer Rd
Winston Salem, NC 27106
(336) 765-4929
General Practice Attorneys, Attorneys
Duncan Law, PLLC
3447 Robinhood Rd., Suite 202
Winston-Salem, NC 27106
(336) 245-4294
Bankruptcy Law Attorneys, Bankruptcy Services, Employee Benefits & Worker Compensation Attorneys
Duncan Law P
3447 Robinhood Rd # 202
Winston Salem, NC 27106
(336) 245-4294
Bankruptcy Law Attorneys, Attorneys
Meadows & Aderhold PA
2596 Reynolda Rd
Winston Salem, NC 27106
(336) 723-3530
Attorneys, Bankruptcy Law Attorneys, Wills, Trusts & Estate Planning Attorneys
Evans Fredrerick W
3447 Robinhood Rd
Winston Salem, NC 27106
(336) 765-3302
Attorneys, Legal Service Plans
Goldstein Vicki F RN
3455 Polo Rd
Winston Salem, NC 27106
(336) 765-3300
Legal Service Plans, Attorneys
Porter Robert W
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 725-2900
Real Estate Attorneys, Attorneys
Wells, R Michael
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 725-2900
Attorneys
Wells Jenkins Lucas & Jenkins PLLC
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 725-2900
Attorneys, Elder Law Attorneys, Family Law Attorneys
Cash Clyde R
155 Sunnynoll Ct # 200
Winston Salem, NC 27106
(336) 725-2900
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Gray, Susan H
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 714-2571
Family Law Attorneys, Attorneys, Legal Service Plans
Barber John L Atty
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 714-2562
General Practice Attorneys, Attorneys
Smith Steven D
4951 Indiana Ave
Winston Salem, NC 27106
(336) 760-2252
Construction Law Attorneys, Attorneys, Real Estate Attorneys
Carruthers, Joseph
155 Sunnynoll Ct
Winston Salem, NC 27106
(336) 714-1221
General Practice Attorneys, Attorneys, Legal Service Plans
Miller, Gordon A
3911 University Pkwy
Winston Salem, NC 27106
(336) 759-0900
Family Law Attorneys
Fagerli, Thomas A
3911 University Pkwy
Winston Salem, NC 27106
(336) 759-0900
Criminal Law Attorneys
Dobbins Patti D
3350 Valley Rd
Winston Salem, NC 27106
(336) 922-0341
Attorneys, Insurance Attorneys, Litigation & Tort Attorneys, General Practice Attorneys, Malpractice
Brant H Godfrey
2631 Reynolda Rd Ste A
Winston Salem, NC 27106
(336) 777-0078
Attorneys, General Practice Attorneys
Marcari, Russotto, Spencer & Balaban, P.C.
3590 Yadkinville Rd
Winston Salem, NC 27106
(336) 896-0028
Social Security & Disability Law Attorneys, Attorneys, Accident & Property Damage Attorneys, Persona
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US