What is a Postnuptial Agreement?
What is a Postnuptial Agreement?
In North Carolina, postnuptial agreements, or postmarital agreements, are valuable tools for married couples seeking to clarify financial expectations, protect individual assets, and reduce potential conflicts. Whether you’re newly married or navigating significant life changes, a postnuptial agreement can provide peace of mind and financial clarity.
A postnuptial agreement is a legally binding contract entered into by spouses after marriage. It outlines how assets, debts, and other financial matters will be handled in the event of separation, divorce, or death. Unlike prenuptial agreements, which are signed before marriage, postnuptial agreements are executed during the marriage.
There are two broad categories of postnuptial agreements:
Those made during the marriage and not in contemplation of separation.
Those made in contemplation of imminent separation or during separation.
Depending on which category of postnuptial agreement the parties are entering, there are different things they are allowed to contract regarding. Most notably if the parties are not separated or contemplating imminent separation, they cannot include provisions regarding spousal support.
For a postnuptial agreement to be valid in North Carolina, it must meet specific criteria:
- Written and Signed: The agreement must be in writing and signed by both spouses.
- Notarization: It must be executed before a certifying officer, such as a notary.
- Voluntary Consent: Both parties must enter into the agreement voluntarily, without coercion or undue influence.
- Fair and Reasonable Terms: The agreement must not be grossly unfair or unconscionable to either party.
- Not Against Public Policy: Postnuptial agreements cannot include provisions that violate public policy, such as agreements that encourage a party to leave the marriage.
By addressing these issues proactively, couples can prevent misunderstandings and potential disputes in the future.
An experienced family law attorney can help ensure that the agreement complies with North Carolina laws and accurately reflects the parties’ intentions. This step can also help prevent future challenges to the agreement’s validity. If you’re considering a postnuptial agreement, contact our office to schedule a consultation with an attorney to explore your options and ensure that your agreement meets all legal requirements.





