Prenups and Estate Plans: Why Couples Should Consider Both Before Marriage

Planning for the Future Isn’t Just About Love—It’s About Legal Protection

Getting married is a joyful milestone, but it also brings significant legal and financial changes. For couples in North Carolina, especially those with children from prior relationships, business interests, or family assets, it’s wise to consider both a prenuptial agreement (prenup) and a comprehensive estate plan before walking down the aisle.

At King & Rowe, Attorneys at Law, we help clients in Hickory, Newton, and across Catawba, Burke, and Caldwell counties safeguard their futures with proactive legal planning that combines the strengths of family law and estate planning.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal contract entered into by two people before marriage that outlines how assets, debts, and other financial matters will be handled in the event of divorce or death. Far from being a sign of mistrust, a prenup can help clarify expectations, protect premarital property, and reduce future conflict.

How Prenups and Estate Plans Work Together

Many people create a prenup without updating their will or estate plan, which can cause confusion or unintended consequences if tragedy strikes.

Here’s how the two legal tools complement each other:

• Asset Protection: A prenup can define what remains separate property, while your will or trust determines who inherits it.

• Spousal Rights: Without proper estate planning, North Carolina law may grant your spouse rights contrary to your prenup.

• Protecting Children from Previous Relationships: A prenup plus a tailored estate plan ensures your children aren’t unintentionally disinherited.

• Business Succession: If you own a business, both documents can prevent ownership disputes in the event of divorce or death.

North Carolina Law: Why Legal Clarity Matters

Under North Carolina law, surviving spouses are entitled to an “elective share” of the estate, regardless of what a will says. A prenup can waive that right, but to be enforceable, the waiver must meet specific statutory requirements. Similarly, estate plans must be updated after major life events like marriage or divorce to stay valid and enforceable.

When to Create a Prenup and Estate Plan

Ideally, both the prenup and estate planning process should begin well before the wedding. This ensures:

• Full financial disclosure

• Time for negotiation and review

• No claims of coercion or lack of understanding

At King & Rowe, we guide couples through both processes with care, discretion, and a deep understanding of how family law and estate planning intersect.

Who Should Consider This Dual Planning Approach?

• Remarried couples

• Parents of minor children

• High-net-worth individuals

• Business owners or landowners

• Couples with unequal assets or debts

How King & Rowe Can Help

Our attorneys—born and raised in Hickory—bring local knowledge and a compassionate approach to legal planning. Whether you're entering marriage with assets to protect or starting a family, we can:

• Draft and review prenuptial agreements

• Create or update wills

• Assist with powers of attorney and healthcare directives

• Coordinate planning between both partners for clarity and peace of mind

Final Thoughts: Protecting Your Love, Your Legacy, and Your Family

Marriage is a legal union—and thoughtful legal planning can strengthen it. By combining a prenuptial agreement with a custom estate plan, you give yourselves the gift of clarity, security, and control over your future.

Ready to start planning together? Contact King & Rowe today for a confidential consultation. 828-466-3858