A premarital agreement, of course, requires the consent of both future spouses. Sometimes future spouses will disagree about whether to sign a premarital agreement. The last post in this series considered this situation by addressing the spouse who wants an agreement. This post will consider the situation by addressing the…
While life in the Triad is far from the Hollywood experience, celebrities have a way of infiltrating our lives in such a way that allows us to live vicariously through them. Key in point, how many of you have yelled at your television when an episode of your favorite reality…
The first few posts in this series discussed when prospective spouses should sign a premarital agreement. Simply stated, a premarital agreement should be signed when both parties want to apply different rules to divide their property and award support after the marriage than the law would otherwise provide. In a…
When you become newly divorced, a funny thing happens: everyone in Greensboro gets in line to provide (mostly unsolicited and sometimes contradictory) advice on how to move on with your life. It’s a remarkable phenomenon, indeed; all of a sudden you’re surrounded by expert attorneys and therapists. However well-meaning those…
Previous posts regarding prenuptial agreements have discussed the validity of premarital agreements in very general terms, focusing on the broad concepts of procedural and substantive unfairness. Procedural unfairness creates a very real risk that the agreement might not be enforced. Substantive unfairness is not so important, but it can create…
If you have been in court all morning and you need something to give you an energy boost during lunch, there are several great lunch spots in Winston-Salem that are just a few steps away from the courthouse. Kabobs On Fourth: Just a five-minute walk from the courthouse, Kabobs on Fourth…
Previously, we highlighted the risks of asking a future spouse to sign a substantively unfair agreement. These risks are not triggered merely because the terms of the agreement are not exactly equal. Rather, substantive unfairness is present only when the agreement passes some minimum threshold of inequality. So how far…
Fourth of July, a day of grilled hot dogs, pool parties, and fireworks. I always look forward to this fun summer holiday both because of the traditions I have enjoyed with family growing up to now enjoying new celebrations with friends as I get older. The Triad area offers many activities…
Our last premarital agreement post discussed the fairness of the procedures used when a premarital agreement was signed. This post will discuss the substantive fairness of the agreement itself. As noted previously, courts give considerably more attention to procedural fairness than to substantive unfairness. As long as fair procedures are…
On June 26, 2015, the Supreme Court of the United States of America made a ruling in a case known as Obergefell v. Hodges which changed the definition of what marriage was in our country. Despite the arguments against it, it was no longer defined simply as the union between…