What is the Best Way to Divorce Someone With a Prenup in North Carolina?
Many divorcing spouses in North Carolina struggle to deal with prenuptial agreements. This is one of the most common issues for spouses across the entire nation, and it is not difficult to see why. For some individuals, prenups provide peace of mind and financial security, regardless of what might happen with their marriage. For others, prenups can be the source of considerable frustration, as they can prevent spouses from receiving what they believe to be their “fair share.” So, what is the best way to deal with this situation?
Your first step should be to get in touch with a divorce attorney in North Carolina. Our legal professionals are more than familiar with this common issue, and we can guide you forward. With our assistance, you can strive to overcome any problems that you might be facing as a result of your prenuptial agreement. Although this situation can be challenging, you might be surprised at what you can achieve with the help of a qualified attorney.Prenuptial Agreement Laws in North Carolina
First of all, it is crucial to understand how North Carolina deals with prenuptial agreements. Each state may handle this area of law in a slightly different way. In North Carolina, courts follow a system laid out by the Uniform Prenuptial Agreement Act, otherwise known simply as the UPAA. This is the same system used in many other states.
Under the UPAA, a prenuptial agreement may cover the following:
- Property rights
- Property division
- Spousal support
- Life insurance
- Any other issue that does not violate any laws
The UPAA also lays out the specific circumstances in which a prenuptial agreement becomes unenforceable. This is important to understand, as it may give you the opportunity to challenge and invalidate your prenuptial agreement. Once your prenup has been successfully challenged, you no longer have to abide by the various conditions that it stipulates. This means that you are free to access a much greater portion of the family wealth, along with other additional rights.
So when is a prenuptial agreement enforceable? In order for this agreement to be valid, the following must be true:
- Each party signed the agreement voluntarily
- The agreement is ethically sound
- If the agreement prevents one spouse from accessing spousal support, they still have enough money to avoid eligibility for welfare and public assistance.
A collaborative divorce is often the best choice in this situation. For starters, this is a more civilized and humane approach to ending a marriage. The entire process occurs behind closed doors, and you can communicate more effectively with your spouse and their attorney. In this situation, you may be able to negotiate certain concessions and compromises that would be difficult to achieve in court.
For example, your prenuptial agreement may prevent you from receiving spousal support. However, you may be able to negotiate with your spouse during a collaborative divorce and come to an agreement that makes more sense. You could state that you are concerned about the possibility of going on public assistance, which would theoretically invalidate the prenuptial agreement. Your spouse may then agree to provide you with some form of spousal support – even though the prenuptial agreement does not require them to do so.
In contrast, there is less flexibility when you pursue a litigated divorce in the courtroom. The court simply assesses the prenuptial agreement and enforces it as accurately as possible. You do not have any control over this situation, and there is less freedom to negotiate and come to a more suitable solution.
In addition, provisions of a prenuptial agreement that are related to children are completely unenforceable. This means that you might be better off coming to agreements on these issues outside of court during a collaborative process.Enlist the Help of a Qualified Attorney Today
If you have been searching for a qualified divorce attorney in North Carolina, look no further than Arnold & Smith, PLLC. During your initial consultation with us, we can go over the specific issues you might be facing with your prenuptial agreement. From that point onward, we can guide you toward the best outcome possible. Although prenuptial agreements can raise many issues, they are not as iron-clad as many would believe. Get in touch today, and we can help you go over all of your legal options.