Post Nuptial or Post Marital Agreements in North Carolina

For couples who regret not entering into a pre-marital agreement with respect to their finances, the simple solution is a Post-nuptial Agreement or “postnup”? Want to know what a “postnup” is? Read on as I hold your hand and guide you about this aspect of law. I know law can be boring, so it is my earnest endeavor to try my best to make the law understandable.

A “postnup” is often also referred to as Post Marital Agreement as it is entered into after the couple gets married. A “postnup” agreement is less commonly used than “prenups”. However it is an important legal document that can help revise a “prenup” and protect your bank account and other assets.

Why get a Postnup?

Revising a Prenup: A sudden inheritance and an amazing promotion, are just some of the situations that can lead to a significant change in your finances. In this new scenario, you may want to change or alter the terms of the earlier prenuptial agreement.

Protecting your assets: In a divorce, the state of North Carolina, like many other states employs the “equitable distribution” method for dividing the assets. In this situation, a postnup is an ideal solution for you. Through a “postnup” agreement you can enter into a written agreement after marriage overriding our North Carolina property law.

Securing Business Interests: A divorce might gravely impinge on the assets of the company or badly affect business associates and financiers. You may want to protect the business through a postnuptial agreement.

Financial Strains: Couples whose relations are strained by matters of finance and money can find a postnuptial agreement a way to relieve the stress and strengthen relationships.

Infidelity: A Postnup can be a very effective way to manage a disloyal partner. The spouse may secure himself/herself by signing a “postnup” wherein the philanderer will be required to pay a huge amount of money to his/ her partner.

Gift: Couples can also use “postnups” “to do something nice”. For instance, you might want to give your spouse a gift of stock, you might as well do it through a “postnup”.

Legality of Postnup

A postnuptial agreement can be very complex as it touches many areas of law. As a result, the services of a knowledgeable attorney become extremely imperative. Experience and knowledge of the attorney can help prevent misunderstandings and mistakes. Among numerous elements, the three vital essentials of a post-nuptial agreement in North Carolina are:

1. The agreement must be in writing.
2. The agreement should not contain any provisions that may be disadvantageous to the public.
3. The agreement should be notarized by the General court of justice for North Carolina or a corresponding officer of the state.

If you would like to know more about post-nuptial or post-marital agreements, please get in touch with Mc Ilveen Family Law Firm and we’ll do our best to find the best solution for you.