A post-nuptial agreement is a contract entered into by a husband and wife after they are married, which determines how to settle the couple's affairs and assets upon separation or divorce. Post-nuptial agreements are very similar to pre-marital agreements, with the exception being they are made after marriage, not before.
In North Carolina, according to N.C.G.S. 52-10, post-nuptial agreements are valid as long as:
- The contract is in writing.
- The provision waiving the rights or obligations is clearly stated in the contract.
- The contract was acknowledged by both parties before a certifying officer (i.e., notarized).
When would a party want a post-nuptial agreement? Imagine if one spouse received a large gift, had a substantial increase in income, received a promotion with a large bonus, or even won the lottery. That person may decide that he wants those assets protected and agree with his spouse on how to distribute them in the event of a separation or divorce. The idea is to protect both parties and avoid costly and unpleasant potential future litigation.
Adkins Law is able to provide you with assistance in a variety of family law issues, including post-nuptial agreements. Contact Adkins Law if you wish to speak with an experienced family law lawyer, divorce lawyer, child custody lawyer, child support lawyer, alimony lawyer, or equitable distribution lawyer. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area.
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