Prenuptial & Postnuptial Agreements in Greensboro and Durham NC
When couples think about building a life together, they often picture love, partnership, and shared goals. What many do not immediately consider is how important financial clarity is to the long term health of a marriage. Talking about money is not always easy, but taking the time to put a prenuptial or postnuptial agreement in place can actually build trust and provide long lasting peace of mind.
At the Law Office of Stephen E. Robertson, PLLC, we help couples in Greensboro and Durham create thoughtful and legally sound agreements that protect their interests and reduce uncertainty. Whether you are preparing for marriage or reassessing financial expectations after saying “I do,” our attorneys are here to guide you through every step of the process with respect, clarity, and care.
Prenuptial and postnuptial agreements are not about expecting a marriage to end. They are about reducing conflict, strengthening communication, and preserving each person’s financial security. When done correctly, these agreements set clear expectations, prevent misunderstandings, and help couples focus on the emotional and practical aspects of building a life together.
Understanding Prenuptial Agreements: Planning Ahead With Confidence
A prenuptial agreement, commonly known as a prenup, is a contract couples sign before they get married. While prenups are sometimes misunderstood, the purpose is simple. They allow couples to make decisions in advance about how they want to handle finances if the marriage ends or if a spouse passes away.
In North Carolina, prenuptial agreements are legally recognized and commonly used by couples with a wide range of needs. Some couples want to protect family inheritances. Others want to clarify ownership of premarital property or ensure that children from previous relationships are taken care of. Many simply want to avoid future uncertainty by putting clear rules in place.
What Can a Prenuptial Agreement Address?
A prenup can cover a variety of financial and personal planning topics, including:
- How separate property will be defined
- How marital property will be divided in the event of divorce
- Whether one spouse will receive spousal support, and if so, how much
- How business interests or professional practices will be handled
- How debts will be allocated
- Rights to specific types of property or inheritances
- Responsibility for certain expenses during the marriage
These agreements are especially helpful for couples entering marriage with:
- Significant individual assets
- Family owned businesses
- Real estate holdings
- Substantial debts
- Children from previous relationships
- Unequal financial situations
Why Prenups Matter in North Carolina
North Carolina follows the equitable distribution standard in divorce cases. This means marital property is divided in a way the court considers fair, not necessarily equal. Without a prenup, a judge decides what is fair. With a prenup, the couple makes that decision themselves.
A prenup helps avoid disputes, reduce stress, and prevent costly litigation. It also ensures that both partners clearly understand which assets belong to whom and how major financial decisions will be addressed if the relationship ends.
Related Articles
-
The Importance of Knowing The Law in Family Matters
January 6th, 2026 Understanding the law in family matters is especially important in North Carolina because state rules directly affect where children live, how property is divided, and what protections exist in situations of conflict or violence. When people understand these basic rules, they can make decisions that are more realistic, protective, and stable over…
-
What to Expect at a Family Court Hearing in Durham
Child custody battles are often a long, drawn-out process with each one differing somewhat based on family dynamics and other unique circumstances. It is not uncommon for disputes to be negotiated and settled outside of court through the use of consent orders, parenting plans, or separation agreements. Sadly, when parents are unable to reach an…
-
What Not to Do During Separation in NC?
In North Carolina, separation is a key aspect of the divorce process. North Carolina has a one-year separation rule before the couple can officially file for a divorce. This means each spouse has to establish their own living situations during this time, while still being legally married. During this period, it is important for each…
Postnuptial Agreements: Clarifying Expectations After Marriage
Many couples wish they had created a prenuptial agreement but either did not think about it before the wedding or did not feel comfortable discussing it at the time. Fortunately, a second option exists. A postnuptial agreement, or postnup, is a contract created after the marriage has already begun.
Postnuptial agreements serve many of the same purposes as prenups, but they address issues that arise once the couple is already legally married. Some couples create postnups because financial circumstances change. Others create them as part of a reconciliation after marital difficulties. Some simply want to redefine their financial expectations as their relationship evolves.
What Can a Postnuptial Agreement Include?
Postnups can outline how property should be divided, whether spousal support will be awarded, and how certain assets or debts should be handled. They often clarify:
- What property will remain separate
- What property will be treated as marital
- Who will retain interest in a business or professional practice
- How large assets or inherited property will be handled
- Whether certain financial responsibilities will fall to one spouse
Legal Requirements for Postnuptial Agreements in North Carolina
Postnuptial agreements follow similar rules to prenups, but courts review them more carefully. Since the agreement is signed after marriage, the risk of pressure or imbalance is considered higher. To be enforceable, the agreement must:
- Be entered voluntarily
- Include full and honest financial disclosure
- Be fair and reasonable at the time it is signed
- Not violate public policy or be used to hide assets from creditors
Our attorneys help ensure that your agreement meets these standards and that both parties clearly understand what they are signing.
Explore all of our practice areas
Key Considerations for Prenuptial and Postnuptial Agreements in North Carolina
Prenup and postnup agreements must be created carefully, with attention to both the legal requirements and the emotional dynamics involved. Below are some of the most important considerations for couples in North Carolina.
Full Transparency and Disclosure
Both spouses must disclose all assets, debts, income, and financial obligations. Failing to do so can lead to the agreement being challenged later. Transparency protects both parties and helps ensure the agreement is enforceable.
Independent Legal Counsel
Although not legally required, courts strongly prefer that each spouse have their own attorney. Independent legal counsel ensures that each person fully understands their rights and that the agreement was not signed under pressure.
Fairness and Balance
An agreement that heavily favors one spouse is more likely to be challenged. Courts want to see evidence that the agreement is fair and reasonable based on the parties’ circumstances at the time they sign it.
Anticipating Future Changes
Life is unpredictable. Couples benefit from agreements that allow room for future changes or that can be updated if necessary. Children, career changes, illness, business growth, relocation, and other life events can all impact financial needs.
Protecting Children and Family Interests
Prenups and postnups cannot determine child custody or child support. Courts always decide these matters based on the best interest of the child. However, agreements can protect children from previous relationships by preserving inheritance rights or keeping certain assets separate.
Who Benefits From a Prenuptial or Postnuptial Agreement?
These agreements are not just for wealthy couples or those who fear divorce. They can be helpful in many situations, including:
- Couples entering marriage with unequal financial positions
- Individuals who own real estate before marriage
- Spouses who inherit family property or wealth
- People who have children from previous relationships
- Business owners or professionals with practices
- Couples dealing with financial disagreements in their marriage
- Spouses concerned about debt responsibility
- Individuals who want clarity about marital versus separate property
Clear agreements promote transparency, reduce stress, and protect both emotional and financial stability in the relationship.
Contact Our Legal Team Today
Prenuptial and postnuptial agreements can provide emotional relief and financial stability for couples who want to approach their marriage with responsibility and mutual respect. At the Law Office of Stephen E. Robertson, PLLC, our Greensboro and Durham Prenuptial and Postnuptial Agreements attorneys are experienced in creating enforceable, thoughtful, and individually tailored agreements that support your goals.
We take the time to listen to your concerns, explain your options clearly, and guide you through each step of the process. Whether you are preparing for marriage or reevaluating financial expectations, we are here to help.
Frequently Asked Questions About Prenuptial and Postnuptial Agreements
Yes. As long as the agreement was executed voluntarily, includes full financial disclosure, and is not grossly unfair, courts will generally enforce it.
These agreements cannot determine child custody, visitation, or child support. Courts always make decisions based on what is best for the child. Agreements also cannot violate public policy or defraud creditors.
Each spouse having their own attorney is strongly recommended. It helps show that both parties fully understood the agreement and entered it freely.
Yes. Many couples use postnups to resolve financial disagreements or rebuild trust. By clarifying expectations, couples can refocus on repairing the relationship.
Yes. Prenuptial and postnuptial agreements can be amended or revoked if both spouses agree in writing.
Not at all. Couples of all incomes benefit from financial clarity. Anyone entering marriage with property, debt, children, or business interests may benefit.
Research shows that prenups do not increase divorce rates. Many couples feel more secure because expectations are clearly stated.
If a spouse hides assets or provides false information, the agreement may be considered invalid.
Contact Our Legal Team Today
The Law Office of Stephen E. Robertson, PLLC is available to answer your questions about Prenuptial & Postnuptial Agreements. Our Greensboro and Durham Prenuptial & Postnuptial Agreements attorneys also have the knowledge and experience to help you with your case.