Monday, September 28, 2015

Do I need a prenuptial agreement like Dutchess and Caesar on Black Ink?

Dutchess and Caesar have been discussing a prenuptial agreement on VH1's show Black Ink. Many have questioned whether or not they, themselves, need the agreement and if it will sully the marriage before it even begins.

Before drafting a prenuptial agreement, consider how it will make your future spouse feel and if you have given them enough time to map out their options.  Also consider that while you may be the bread-winner now, that may not always be the case and you could be signing away your rights to money that you helped your spouse earn during the marriage. 

In North Carolina, these are the requirements for a valid prenuptial agreement:

  1. The prenup is only effective on the date of marriage
  2. It must be in writing and signed by both people
  3. Both people must disclose all of their assets and debts
  4. Both people must sign voluntarily 

How do I get out of this mess?

If you'd like to get out of your prenuptial agreement there is hope. You must either: 

  1. Revoke or amend the agreement in writing and have the revocation signed by both people  
  2. Show the court that you will require government assistance if the agreement is not rescinded (revoked)
  3. Show that you were never married 
  4. Prove to the court that you did not enter into the agreement voluntarily and you were coerced or under duress when you signed (signing on your wedding date may not be enough by the way)

Kisala Watkins Law Group, PLLC
323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 
  • Cary, NC
  • Chapel Hill, NC
  • Carrboro, NC
  • Hillsborough, NC
  • Mebane, NC
  • Efland, NC 
Durham County, NC
  • Durham
  • RTP
  • Bahama
  • Rougemont

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