Post-Nuptial Agreement

Charlotte Marital Agreement Legal Services

Although premarital agreements (“prenups”) and separation agreements are common in this state, North Carolina also authorizes Post-Nuptial Agreements (“postnups”).  Postnups in Charlotte primarily deal with property issues and are used, for example, in situations where the parties want to separate but cannot afford to have two households and pay a mortgage. The postnup can provide a method of handling property issues until the parties hopefully enter into a separation agreement resolving all the other issues.

The family law attorneys at Weaver, Bennett & Bland, P.A. can assist you in drafting a Post-Nuptial Agreement or advise you on the terms and proprieties of executing an agreement proposed by your spouse.  Call (704) 844-1400 to schedule a consultation to discuss your Charlotte family law needs.

How does a postnup agreement work?

N.C.G.S § 52-10 states:

“…married persons may, with or without a valuable consideration, release and quitclaim such rights which they might respectively acquire or may have acquired by marriage in the property of each other; and such releases may be pleaded in bar of any action or proceeding for the recovery of the rights and estate so released.”

Ok, let’s break this down.  Post-Nuptial Agreements can operate the same and have the same effects on property as a premarital (prenuptial) agreement if the parties were unable to enter into an appropriate agreement prior to the wedding ceremony, except that unlike a premarital agreement, a Post-Nuptial Agreement cannot waive alimony.

A Post-Nuptial Agreement is therefore utilized mostly for estate planning purposes and regulating the parties responsibilities and relationships.   A common use of a Pre-Nuptial agreement is in the circumstances where parties want to separate but cannot afford to have two households and pay a mortgage.  The post-nuptial agreement can provide for the method of placing the house for sale, the distribution of the costs of the house pending sale and the distribution of the net proceeds upon sale.  Of course, right before closing and the subsequent vacating of the house, the parties hopefully enter into a separation agreement resolving all the other issues associated with a separation.

How do I create a postnup agreement?

The Post-Nuptial Agreement must be in writing and executed before a certifying officer, usually a notary public.  Like all agreements, the terms may not be against the public policy of North Carolina and the execution of the Post-Nuptial Agreement cannot be obtained through coercion, threats, undue influence or fraud.  Work with a qualified family law attorney to ensure that the agreement is drafted properly, or to get  legal advice regarding an agreement that is proposed to you.