06 Oct Sample Postnuptial Agreement North Carolina
North Carolina`s 50-20 General Statutes authorize an agreement on property matters. However, a post-marriage agreement cannot generally deal with maintenance issues. This must be motivated by public policy concerns; Courts tend not to affectionately consider agreements in which a spouse waives his or her right to pay future support. Post-marital agreements should therefore be limited in their scope to the treatment of property issues. This is a sufficiently important task. Post-ups leave the door open for the couple to redeem themselves and clarify the financial rights of each spouse if they are unable to repair their relationship. If properly worded, the agreement brings together issues relating to the distribution of property related to personal and matrimonial property as well as the assistance of a spouse if the marriage ends in divorce. As with marriage contracts, parties to an agreement that has been terminated in North Carolina must disclose their financial situation in full. And the terms of a terminated agreement must not be contrary to “public order”. Since our laws do not contain clear rules on contractual conditions that may be contrary to public order, it is important to cooperate with a lawyer experienced in designing contracts later in order to avoid dubious contractual conditions that could lead to long disputes and possibly invalidate your contract. A contract of succession deals with the division of property, including joint property, which is conjugal property.
The agreement addresses issues that would otherwise be subject to the Equitable Distribution Act in North Carolina. He can also apply for the help of the spouse in the event of separation. However, an additional contract may not contain any provision relating to the custody and custody of children. In North Carolina, there are three critical elements of a post-marital agreement: we know that money can`t repair grief, but the financial security of a post-marital agreement after infidelity can prevent you from further ruins and riots. If you or your spouse wish to terminate a contract, the advice of an experienced family law lawyer will ensure that your interests and rights are protected. Please contact us to arrange a consultation appointment. The lawyers and associates at Woodruff Family Law Group are well aware of the many facets of family law. If you have any questions about marriage contracts, we can help. In some cases, there may be problems in an existing marriage due to a disagreement over finances or the bad behavior of a spouse. In these cases, a follow-up contract can be concluded to help the couple better communicate their wants and needs, in the hope of strengthening the marriage. In any case, it is essential that both spouses accept the contractual conditions. If one of the spouses is coerced, he can cancel the agreement altogether.
Most people know that spouses who are considering divorce often enter into a separation agreement to address asset sharing and support issues. Some married couples don`t realize that North Carolina law also allows spouses to establish a second type of agreement that addresses some of the same issues, commonly referred to as post-conjudged contract, postnup, or post-conjudged contract…