Cecil Harvell explained that a prenuptial (or marital) agreement is a contract entered before marriage allowing couples to control estate distribution, fiduciary appointments, and other asset-related decisions rather than leaving those matters to North Carolina law. He emphasized prenuptials are often used in second or later marriages to protect children’s inheritances and avoid state-determined elective shares, and that such agreements should be drafted by experienced estate-planning attorneys. Postnuptial agreements are possible but less preferable because they lack the marriage-as-consideration element, so prenuptials are recommended to ensure clear, legally binding arrangements.

Definition and Purpose of Prenuptial Agreements

• Prenuptial agreements are contracts between two people made before marriage that allow the couple to control the outcome of their assets and estate planning rather than letting state law dictate distribution and fiduciary appointments. [01:43] [02:43]

• These agreements can address a wide range of issues beyond divorce (e.g., executor, power of attorney, health care agent, distribution to children), not solely alimony or property division. [04:14] [05:08]

Estate Control and Elective Share

• A key function is maintaining control over estate distribution, fiduciary designations, and avoidance of default state rules (including the elective share and statutory priorities for fiduciaries). [05:08] [10:27] [11:01]

• The elective share is a statutory right in North Carolina that may grant the surviving spouse a portion of the estate unless waived in a valid premarital agreement. Waiving the elective share requires informed consent and competent representation prior to marriage. [10:27] [10:56] [11:01]

Applicability in Second/Third Marriages and Protecting Children’s Interests

• Prenups are commonly used in subsequent marriages to ensure assets pass to children from prior marriages and to prevent unintended distribution to a new spouse. They are valuable when clients want to appoint non-spousal fiduciaries (e.g., an adult child) instead of the spouse by default under state law. [06:47] [13:29]

• The agreement can protect family heirlooms and sentimental assets, preventing them from being unintentionally shared or controlled by a new spouse under statutory rules. [14:18] [15:04]

Contract Nature and Customization

• A prenuptial agreement is a contract that should be customized; it is not a one-size-fits-all boilerplate document from the internet. Provisions relating to divorce, estate distribution, fiduciary appointments, and incapacity can be included or omitted depending on the parties’ wishes. [05:08] [06:47] [13:29]

• The contract can explicitly allow spouses to still name each other in wills, powers of attorney, or health care proxies if they wish—so it does not exclude spouses, but clarifies the mechanism and control. [15:11] [16:23]

Postnuptial Agreements

• Agreements can be executed after marriage (postnuptial or during-marriage agreements), but these are less preferred because the original consideration (the promise to marry) is absent. Postnuptial agreements require additional or different consideration and careful representation to be enforceable. [20:27] [20:45] [21:17]

Practical Advice and Recommendations

• People contemplating marriage—especially those with prior marriages, children from earlier relationships, or significant assets—should consult an experienced estate planning attorney to draft a tailored premarital agreement to maintain control and avoid statutory defaults. Practice areas overlapping with prenuptial drafting often include estate planning (wills and trusts). [17:20] [17:49]

• The agreement brings clarity and reduces conflict among extended family by documenting clear, legally enforceable decisions about asset distribution and fiduciary appointments. [18:47] [19:35] [19:35]

Communication and Misconceptions

• The term “prenuptial” often triggers misconceptions fueled by celebrity examples; in reality, it is a practical legal tool available to ordinary people to plan and protect estates and family interests. The document should be described as a contract when clients are uneasy about the label. [01:43] [02:43] [13:29]

Follow-up and Resources

• Cecil Harvell mentioned availability for consultation, and the firm’s contact details and website were promoted for listeners to call or visit for more information. The broadcast will be posted on the firm’s website and social media for listener review. [00:00] [22:04] [22:28]