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Articles Posted in premarital agreement

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Premarital Agreements: Inequality vs. Unfairness

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…

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Premarital Agreements and Substantive Fairness

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…

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Procedures For Signing Premarital Agreements

Previously, we have discussed judicial attitudes toward premarital agreements. In short, premarital agreements are favored by modern law, but only when they were signed using procedures that the court sees as fair. How do the courts define a fair procedure? Three factors are important. First, the parties must sign voluntarily…

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Court Attitudes Toward Premarital Agreements

Previous posts regarding premarital agreements have discussed what a premarital agreement is, and why an engaged couple might want to sign one. Simply summarized, a premarital agreement is a good idea when both parties want to change the rules of law that would otherwise apply when their marriage terminates upon…

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Do I Need A Premarital Agreement? – Johnny Depp didn’t think so…..

….But was that a smart decision for someone worth $400 million?? A premarital agreement is an agreement that changes the rules that the law normally applies when a marriage ends in divorce or death. Do you need a premarital agreement? You must determine whether you need to change the rules…

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Do I Need A Premarital Agreement? – Property Division Upon Divorce

A premarital agreement is a contract, signed by two persons who are about to be married. It sets forth rules that will apply when the marriage ends, either in death or divorce. It can also set forth rules to govern how the parties will deal with their property during the…

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Gray Marriage – it’s never too late, but plan wisely!

By Carolyn J. Woodruff, JD, CPA, CVA By now, everyone in North Carolina has probably heard that Sharon and Ozzy Osbourne are most likely divorcing after 33 years of marriage. There has been an upturn in so-called “gray divorces” – where a couple divorces after the age of 50.  But,…

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Planning for your “Future” Former Spouse: The North Carolina Premarital Agreement Act: Basics

by Carolyn J. Woodruff, JD, CPA, CVA, North Carolina Family Law Specialist

The North Carolina Premarital Agreement Act describes the law for the creation of valid, enforceable premarital agreement.  The North Carolina Premarital Agreement Act is under North Carolina General Statutes Chapter 52B. This will be one of several articles discussing the North Carolina Premarital Agreement Act. Formalities:  Obviously, a premarital agreement…

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Same Sex Marriage in Modern Times: First Vote by a Country

By Carolyn J. Woodruff, JD, CPA, CVA

In Greensboro, a same sex couple can go to the Register of Deeds in Guilford County and obtain a North Carolina Marriage License.  There are also Register of Deeds in the Piedmont Triad in Lexington, Asheboro, Graham, Wentworth, Roxboro, Yanceyville, and Winston Salem that provide the same product and service,…

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