December 2017

Important Considerations for Prenuptial Agreements in North Carolina

The idea of executing a prenuptial agreement, also known as a premarital agreement, can be scary for any couple on the road toward marriage. But in all reality, prenuptial agreements are an increasingly common situation for couples to face. Moreover, couples can decrease the potential friction associated with a prenuptial agreement through an understanding of several important considerations.

Make Changes to a Prenuptial Agreement In Writing

Chapter 52B also provides that any changes to a prenuptial agreement in North Carolina must be made in writing and signed by both parties. The writing requirement applies if the spouses want to amend the prenuptial agreement to feature different terms. The same requirement applies if the spouses wish to revoke or cancel their prenuptial agreement.

Avoid Last-Minute Prenuptial Agreements

This might seem like common sense. But it is worth hammering home nonetheless. The less time couples leave for the negotiation and drafting of a prenuptial agreement, the more likely the chance of dispute. When couples rush to create a prenuptial agreement shortly before their wedding, the chance of leaving out important terms or considerations escalates exponentially. Plan ahead to ensure that you and your spouse feel comfortable with your prenuptial agreement.

Separate Premarital Assets from Postmarital Assets

The separation of premarital and postmarital assets can be extremely important. If spouses commingle or mix their assets from before and after marriage, the distribution of property during divorce can get muddled. In such circumstances, it can be difficult to prove which spouse owned what property before their marriage. That would make a prenuptial agreement exceedingly difficult to enforce.

Treat Your Future Spouse Honestly and Respectfully

Whenever creating a prenuptial agreement, it is paramount for future spouses to remember that they are about to get married. They want to spend the rest of their life together. If either spouse enters prenuptial negotiations forcefully or aggressively, they may do irreparable harm to their relationship. That is why it is crucial to act in an upfront, honest and respectful way throughout the creation and execution of a prenuptial agreement.

Speak With an Experienced Family Law Attorney Today

If you are dealing with a prenuptial agreement, divorce or other aspects of family law, it is important to contact an experienced attorney. Don’t hesitate to reach out to Powers Landreth PLLC in North Carolina for help.

Resource:

ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0052B

How Settlement Negotiations Contribute to Amicable Divorce in North Carolina

The common perception of divorce is generally negative. Pop culture is rife with depictions of nasty divorces and spouses bickering over every single possession. Children are often caught in the crossfire, as their parents fight bitterly to take everyone possible from their former partner.

In order to avoid a costly and lengthy divorce battle in the courts, an increasing number of spouses are taking advantage of settlement negotiations. Using techniques from alternative dispute resolution, the settlement negotiation process helps amenable spouses work together to isolate a mutually beneficial solution to divorce.

The following sections will provide an overview of the settlement negotiation process in North Carolina.

What is the Settlement Negotiation Process in North Carolina?

As outlined in Chapter 50, Article 4 of the North Carolina General Statutes, settlement negotiations feature an out-of-court process for spouses who wish to divorce.

Instead of engaging in a fully fledged court process for divorce, settlement negotiations allow the spouses to resolve their issues directly. Stated otherwise, the spouses work with each other to design the parameters of their divorce.

Throughout the settlement negotiation process, the spouses and their respective attorneys will work together to plan the family’s post-divorce reality. If the spouses have children, they will need to determine child custody. In certain cases, alimony or other support may be appropriate. The spouses will also need to figure out the equitable distribution of the marital property that they share together.

Overall, the settlement negotiation process allows spouses to plan out all of the essential terms in a divorce, without the stress of court filings, appearances, and additional attorney’s fees.

How Do Settlement Negotiations Help Achieve Divorce in North Carolina?

Chapter 50, Article 4 of the North Carolina General Statutes outlines certain requirements necessary to achieve an out-of-court divorce. Assuming the spouses are able to agree amicably on all required divorce terms – including child support, property division, alimony, etc. – then there are a few remaining steps.

First things first, the spouses and their attorneys prepare a writing that summarizes their settlement negotiations. Both spouses and their respective lawyers must sign the writing. Without all required signatures, the writing is not valid or effective.

Secondarily, the writing must specify all of the agreements and understandings from the settlement negotiation process. This means that the writing must spell out in specific terms all agreements concerning alimony, child support, property division or other relevant terms.

Let Us Assist You Today

Whether you are dealing with settlement negotiations, it can be valuable to seek legal assistance from a skilled family law attorney. Don’t hesitate to contact Powers Landreth PLLC in Charlotte for help.

Resource:

ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_50/Article_4.html

Britny’s Law Enhances Punishment for Domestic Violence in North Carolina

“Britny’s Law” went into effect on December 1, 2017, enhancing the penalties for domestic violence in North Carolina, according to an article by WRAL.

Three years ago, Britny Puryear was stuck in a vicious relationship. At that time, Britny lived with her boyfriend in Fuqua-Varina, North Carolina. Over the course of four years, their relationship became increasingly abusive. The relationship ended after a violent argument in 2014, when the boyfriend shot and killed Britny in their home.

The boyfriend was arrested and charged with second-degree murder. He pleaded guilty in court and received a 32-year jail term. The boyfriend is currently serving his sentence.

Britny’s parents were not satisfied with this outcome. They felt that first-degree murder should apply, given the abusive history of the relationship. Outside of certain exceptions under the felony murder rule, first-degree murder requires premeditation. Stated otherwise, the killer must plan out the murder ahead of time. Generally speaking, that is a difficult standard to prove in cases of domestic violence like Britny’s, where an argument sparked violence.

To continue the fight, Britny’s parents contacted the North Carolina Coalition Against Domestic Violence (NCCADV). The NCCADV is a nonprofit organization dedicated to ending domestic violence and supporting victims.

Working alongside the NCCADV, Britny’s parents were able to find a Minnesota law that classified domestic violence killings as first-degree murder. So the NCCADV used the Minnesota law as a foundation to create similar legislation in North Carolina.

The initial form of Britny’s law would have made it much easier to apply first-degree murder whenever there was evidence of repeated past abuse. As the bill worked through the North Carolina legislature, however, there were some changes. In its final form, Britny’s law requires a previous conviction for domestic violence in order for first-degree murder to apply.

Overall, Britny’s law clears the path to first-degree murder for future domestic violence killings. If the killer has a previous conviction for domestic violence involving the victim, that qualifies as premeditation. In such circumstances, the resulting charge will likely be first-degree murder, not second-degree murder.

While Britny’s parents are happy to see changes to the domestic violence laws in North Carolina, they plan to continue fighting in their daughter’s honor. They would like to see the initial form of Britny’s law resurrected and signed into law, allowing any past evidence of abuse to escalate a domestic violence killing to first-degree murder.

Do You Need Legal Assistance?

If you are struggling with domestic violence, divorce or related concerns, it can be valuable to seek legal counsel from a trusted family law attorney. Contact Powers Landreth PLLC for dedicated assistance with your case.

Resource:

wral.com/family-still-pushing-for-stricter-domestic-violence-punishments-as-britny-s-law-takes-effect/17152551/

Examining Marriage and Divorce Statistics in North Carolina

The North Carolina Department of Health and Human Services (DHHS) publishes a report each year detailing the number of marriages and divorces. The topic for exploration today is an analysis of DHHS data on the number of North Carolina marriages and divorces over the past five years.

It is crucial to note that 2017 is not yet available. As a result, the five-year period for analysis will be 2011 to 2016. The following sections will offer a statistical breakdown of DHHS data for the statewide resident population, total divorces, divorce rate, total marriages and marriage rate.

North Carolina Resident Population

In terms of resident population of North Carolina, the DHHS reported the following data.

• 2011: 9,651,025
• 2012: 9,747,021
• 2013: 9,845,432
• 2014: 9,940,387
• 2015: 10,042,802
• 2016: 10,146,788

Over the selected five-year period, the resident population of North Carolina increased by 495,763. The data indicates a lack of significant deviation during this time period. Overall, the resident population in North Carolina rose steadily and consistently from 2011 to 2016.

North Carolina Divorces and Divorce Rate

In terms of total divorces in North Carolina, the DHHS reported the following data.

• 2011: 36,044
• 2012: 36,346
• 2013: 34,218
• 2014: 33,797
• 2015: 30,816
• 2016: 32,960

In terms of the divorce rate in North Carolina, DHHS reported the following data.

• 2011: 3.7
• 2012: 3.7
• 2013: 3.5
• 2014: 3.4
• 2015: 3.1
• 2016: 3.2

Over the selected five-year period, total divorces decreased by 3,084 and divorce rate fell by 0.5 percent. There was a relatively large drop in both total divorces and divorce rate in 2015. Overall, total divorces and divorce rate decreased incrementally from 2011 to 2016.

North Carolina Marriages and Marriage Rate

In terms of total marriages in North Carolina, the DHHS reported the following data.

• 2011: 64,789
• 2012: 64,814
• 2013: 64,504
• 2014: 68,801
• 2015: 70,125
• 2016: 70,699

In terms of marriage rate in North Carolina, the DHHS reported the following data.

• 2011: 6.7
• 2012: 6.6
• 2013: 6.6
• 2014: 6.9
• 2015: 7.0
• 2016: 7.0

Over the selected five-year period, total marriages increased by 5,910 and marriage rate rose by 0.3 percent. From 2011 to 2012, both total marriages and marriage rate remained mostly constant. After a relatively sharp increase in 2014, the numbers seem to have leveled off again. Overall, total marriages and marriage rate increased incrementally from 2011 to 2016.

Let Us Help You with Your Case

If you are dealing with divorce, child custody or related concerns, there is no substitute for an experienced an experienced family law attorney. Reach out to the skilled Charlotte legal professionals at Powers Landreth PLLC for help today.