Although some people are familiar with prenuptial agreements, many have never heard of a postnuptial agreement. However, a postnuptial agreement could help you forestall common issues that may arise during your marriage and maintain peace of mind.
If you are interested in exploring whether a postnuptial agreement is the right choice for your marriage, contact a Wake Forest postnuptial agreements lawyer from Triangle Divorce Lawyers. Our skilled marital attorneys could answer any questions you may have, including those regarding how couples commonly use postnuptial agreements. We could also look at your individual situation and suggest how an agreement could benefit you, and then work with you to draft a postnuptial agreement that fits your unique needs.
Generally, a postnuptial agreement is a contract between two married individuals that deals with the rights or obligations of one or both of them. North Carolina law generally permits postnuptial agreements to be formed at any point in a marriage, according to North Carolina General Statutes §52-10. However, any such agreement must be in writing and signed by both spouses in the presence of a certifying officer or notary.
In addition, each party must reasonably disclose all their financial obligations to the best of their knowledge without waiving their right to do so. If one or both parties do not have adequate knowledge of each other’s property and financial obligations, any postnuptial agreement between them could be considered unenforceable by the court.
Married couples often use postnuptial agreements to establish the property rights belonging to each spouse. For example, a couple could determine which property each of them would receive in the event of a separation or divorce.
As per N.C.G.S. §50-20(b)(4)(d), a postnuptial agreement could cover the following types of property:
North Carolina law generally permits couples to divide their property before separation or divorce through a postnuptial agreement. Under N.C.G.S. §50-20(d), a court will usually distribute property according to the terms of any valid postnuptial agreement.
Additionally, a postnuptial agreement could explicitly state that certain property belongs to one spouse or the other, even if they acquired that property together after they were married. Any couple wishing to obtain more information about postnuptial agreements and their effect on property rights should contact a Wake Forest postnuptial agreements lawyer as soon as possible.
A couple may also use a postnuptial agreement to deal with any potential infidelity on the part of either spouse. For example, a postnuptial agreement could include a clause that establishes specific consequences if one partner cheats on the other, provided those consequences do not conflict with state law or public policy.
Under an amendment passed in 2013, spouses in North Carolina can now use postnuptial agreements to specifically waive obligations to spousal support. Additionally, a married couple could use a postnuptial agreement to revise or change a prenuptial agreement.
For example, a couple could have received a sudden windfall or unexpected business success that neither of them anticipated when they signed their prenuptial agreement. In such a situation, their prospective economic situation may be radically different than they expected.
Therefore, they might use a postnuptial agreement to alter the terms of their prenuptial agreement in accordance with their new financial situation. A postnuptial agreements lawyer in Wake Forest may be able to provide more specific advice on changing a prenuptial agreement after marriage.
Many married couples are unaware of the potential benefits of a postnuptial agreement. Like a prenuptial agreement, a postnuptial agreement can help set reasonable boundaries and expectations for a marriage that strengthen the relationship between the two involved spouses.
For more information, get in touch with a Wake Forest postnuptial agreements lawyer from our firm. We could help you understand how postnuptial agreements work, how they could benefit you, and work with you to come up with an agreement that fits you. Call Triangle Divorce Lawyers today for more information.
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