Circumstances that existed when a couple chose to marry can change dramatically over time. When that happens, couples need to adapt their approach to marriage in order to account for new dynamics within the relationship. Sometimes, a postnuptial agreement can be an important part of that approach.
No matter the reason you may be considering a postnuptial agreement, a Raleigh postnuptial agreements lawyer help you thoroughly understand the implications of the decision. With the help of a dedicated attorney, grasping some of the basics elements of postnuptial agreements is often a good place to start exploring whether such an agreement is right for you and your family’s needs.
Perhaps the most basic reason couples explore postnuptial agreements is hindsight. Many times, upon reflection, couples realize that a prenuptial agreement may have been a good idea. However, once a marriage has occurred, this generally leaves only the option for a postnuptial agreement.
Sometimes, inheritance plays a role in postnuptial agreements. When one or both spouses receive an inheritance that includes future income or real propriety, they may want to ensure the assets within that inheritance are protected from divorce so they can be preserved for the beneficiary’s own heirs or kept within the family. A postnuptial agreement may be able to address these concerns.
There are even circumstances when postnuptial agreements can be used to set out guidelines that must be met in order for a marriage to continue. This is often the case when issues such as substance abuse or gambling arise that may not have previously been a concern. It also may be reasonable after the parties have lived separately for a while and are making an attempt to reconcile.
Postnuptial agreements can also act as precursors to separation or divorce agreements. They can fill this role independently or often postnuptial agreements resulting from the scenarios above can be modified to become incorporated in legal separation or divorce agreements. This way a couple is able to retain control over the various aspects of the agreement instead of letting a court make decisions for them.
In order to be valid, postnuptial agreements are subject to the requirements as found in North Carolina General Statutes 52-10. These requirements include:
There are many other specific nuances that must be considered when determining the details of postnuptial agreements. A skilled Raleigh postnuptial agreements lawyer can help spouses understand these additional factors as well as how they might impact them.
One important factor to remember is that, like prenuptial agreements, postnuptial agreements must be fair and balanced. That means they cannot significantly advantage one party to the detriment of the other.
As with any legal process, you have important rights that must be protected and advocated throughout the postnuptial agreement process. That means that understanding those rights is an important part of how you approach a postnuptial agreement. A dedicated attorney understands just how much is on the line when it comes to postnuptial agreements and can help you understand your rights more thoroughly so you can advocate for them more effectively.
Like many marital agreements, postnuptial agreements can be intimidating. However, you do not have to face the postnuptial agreement process alone. If you are considering a postnuptial agreement, contact an attorney to find out more about the role a detail-oriented Raleigh postnuptial agreements lawyer can play in helping you explore your options.