Behind the Scenes of a Prenup
What Actually Happens (and Why It’s Not What You Think)
When most people hear the word “prenup,” they picture a dramatic negotiation, a cold legal document, or an awkward power imbalance. But here’s the truth: a well-crafted prenuptial agreement isn’t about distrust or preparing for divorce. It’s about clarity, communication, and future-proofing your relationship.
As an attorney with years of experience in family law litigation, I’ve seen the other side—where people wish they’d taken the time to talk things through before they signed a marriage license. That’s why I now help clients create prenuptial agreements that feel intentional, respectful, and entirely custom.
Here’s what actually happens behind the scenes of a prenup:
1. It Starts with a Conversation
Before any paperwork, we meet virtually to talk through what matters most to you—your values, your financial goals, and your expectations in the relationship. I ask the right questions, offer clarity on North Carolina law, and help you think through real-world scenarios you may not have considered.
This isn’t a one-size-fits-all process. It’s legal planning that’s just as personal as estate planning or business strategy.
2. We Clarify What the Law Would Do—Then Decide What You Want Instead
North Carolina has default rules for how property is handled in marriage and divorce—but many couples don’t realize those rules apply automatically unless they make their own. A prenup gives you the chance to create your own plan: for finances, debt, spousal support, and even how disputes will be resolved.
I walk you through what’s optional, what’s standard, and what’s enforceable—so you can make smart, informed decisions.
3. Both Parties Don’t Always Have a Lawyer—And That’s Okay
Ideally, both parties would have independent legal counsel, and I’ll always recommend that your partner consult their own attorney before signing. But the reality is, not every couple goes that route, especially when both parties feel aligned on the terms.
In those cases, I clearly communicate the scope of my representation, ensure everything is fully disclosed, and keep the process transparent and pressure-free. A strong prenup should be entered into voluntarily, with enough time for both people to understand and feel confident in what they’re signing.
4. I Draft a Custom Agreement That Actually Makes Sense
Forget the legalese-filled templates. I draft each prenup from scratch based on your situation—clear, balanced, and legally sound. You’ll know exactly what it says and why it matters. You’ll also get time to review, ask questions, and make revisions. No billable hours. No surprises.
5. We Finalize and Execute It the Right Way
Once both parties are on board, I guide you through proper execution. We’ll ensure the agreement is signed well before the wedding (timing matters), and if you’re local to Wilmington, I offer mobile notary services to keep things simple.
So... Is a Prenup Worth It?
Yes—because it gives you control. Not over your partner, but over your own future. It’s a tool to reduce uncertainty, protect both parties, and set a foundation of mutual understanding.
Whether you’re getting married for the first time or blending families later in life, a prenup is one of the most thoughtful legal steps you can take.
At Balbach & Davenport, I offer fully virtual prenuptial agreements with no billable hours and no pressure.
