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Tossing of prenup could have effect on North Carolina divorces

Prenuptial agreements are being increasingly used as people try to protect their assets in the likelihood of divorce. For people in Ballantyne who marry after establishing careers and buying property, these agreements eliminate any divorce legal issues that may arise otherwise, but they should be fair to a spouse too. If a couple decides to divorce, the prenup can act as a legal guide for the division of assets and spousal support.

However, a recent court ruling could greatly affect the ironclad reputation of the prenup. An appellate court agreed with a lower court's decision to toss out a prenuptial agreement based on a verbal promise that was never fulfilled. The wife filed to have the prenup declared invalid, saying that she only signed the document because her husband promised to tear it up after children arrived. However, the husband never destroyed the prenuptial agreement and the wife claims that she eventually felt their whole marriage was a lie.

The court indicated that the wife signed the prenup four days before the wedding because of that promise, and therefore, her signature was obtained by fraud. The fact that the two courts ruled in the wife's favor over a non-written promise has raised alarm for many attorneys and spouses, with legal professionals calling the ruling groundbreaking.

For couples in Ballantyne who have a prenuptial agreement in place, this case may open the door a little wider for spouses looking to challenge the document they signed. If someone feels that they were coerced into signing a prenup, they may want to discuss their situation with an attorney.

Source: ABC News, "Long Island Woman Wins 'Groundbreaking' Prenup Battle," Joanna Suarez, March 11, 2013

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