Of the many protective tools and documents available in the realm of family law, one agreement in modern society is taking on a new flexibility: the Prenuptial Agreement.

Historically, this particular legal instrument has been most utilized by people lucky enough to have acquired or inherited great wealth, celebrity or other similar status. Because of cultural changes like higher second marriage rates and a rise in the average age of couples marrying for the first time, it is more common that individuals entering into a new marriage have already acquired significant assets such as real estate, investments, private businesses, and other financial wealth and assets gained personally outside of the relationship. In addition to these, many couples are combining families sometimes with significant investments for the benefit of children from prior relationships, such as college funding accounts and life insurance policies. A well thought out prenuptial agreement can provide you with the peace of mind that your assets and business interests will be kept safe in the event of potential future disputes that may arise as the result of divorce or the death of your spouse.

Prenuptial Agreements, also known as Premarital Agreements, are agreements made between prospective spouses before marriage.  Prenuptial agreements lay the foundation for the financial side of your marriage, such as keeping designated property outside of the marriage contract. Prenuptial agreements can protect your assets and those of your intended spouse. Some of those assets include:

• real estate and personal property
• family and personal businesses
• inheritances and trusts
• retirement accounts and investments

It is important to discuss both present and future financial arrangements in an appropriate manner with your future spouse. The Law Offices of Gum, Hillier, and McCroskey have the experience to help you through the process of developing a sound agreement and strategic plan for openly discussing the benefits of a premarital agreement with your mate in a forthright and effective manner.

WHAT IS MEDIATION? Mediation is a process in which two or more people involved in a dispute come together voluntarily to try to develop a solution to their problem with the help of a neutral third person (or persons), called the mediator. Unlike a judge or an arbitrator, the mediator does not take sides or make decisions.  The mediator, usually trained in conflict resolution, is there to help the disputants evaluate their goals and options in order to formulate their Continue reading →

FAMILY COURT: If your domestic lawsuit is filed in Buncombe County, it will be sent to Family Court. The 28^th Judicial District (Buncombe County) is presently one of several judicial districts in North Carolina that have established a Unified Family Court system to handle cases that involve families and children, including both “domestic” and “juvenile” cases. Cases with issues such as domestic violence, child custody and visitation, and divorce related financial issues such as child support, alimony, or equitable distribution are commonly referred to as “Domestic” cases. Cases with issues such as juvenile delinquency, child abuse and neglect, termination of parental rights, and adoptions are referred to as “Juvenile” cases.

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