Post Nuptial Agreements
Husbands and wives can contract with each other during the marriage with respect to matters that are not inconsistent with public policy. The courts a have determined that Post-Nuptial Agreements made during the marriage which waive the right of a dependent spouse to support from his or her spouse is void as against public policy.
However, the law does permit spouses to contract with each other with respect to the disposition of both their real and personal property acquired during the marriage. §52-10 of the North Carolina General Statutes permits husbands and wives to release and quitclaim rights that they might acquire during the marriage in the property of the other, with or without valuable consideration.
What to Consider:
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Timing:
Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are signed after the couple is already legally married.
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Purpose:
They are used to clarify financial responsibilities, protect individual assets, and address potential disputes during or after the marriage.
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Scope:
They can cover a wide range of financial matters, including the division of assets, debt allocation, and spousal support, and sometimes even address inheritance and estate planning.
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Legal Requirements:
Postnuptial agreements must be entered into voluntarily, with full financial disclosure from both parties, and with the opportunity for each party to seek independent legal counsel.
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Enforceability:
Courts often scrutinize postnuptial agreements more closely than prenuptial agreements to ensure they were not entered into under duress or with unfair pressure.
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Reasons for Use:
Couples might seek a postnup due to changes in financial circumstances, inheritances, or shifts in marital dynamics.
In essence, a postnuptial agreement provides a framework for managing financial matters during the marriage and in the event of its termination, offering security and clarity for both spouses. -