A postnup is also similar to a prenup in that if certain issues exist, the agreement may be unenforceable. For example, the parties must enter into the agreement voluntarily, provide fair and reasonable disclosure to the other party, and the agreement must not be against public policy. As both parties involved in a postnup may be giving up significant marital rights as a result of the document, it is also important that the parties involved are on equal legal footing.
To speak with one of our Charlotte attorneys regarding prenuptial agreements, call us at 704-412-1442.
Finally, postnup agreements are also often used as a tool for couples trying to save their marriage. Finances are one of the most common topics leading to divorce between couples. A couple considering separation or divorce, or a couple reconciling after a separation, may use a postnup as a new set of guidelines for their relationship moving forward. A postnup allows the parties involved to creatively settle their differences while continuing to work on their marriage.
Drafting a thorough and well thought out prenuptial agreement can save you and your spouse a good deal of money, time, stress, and energy versus handling some of these matters down the road in a courtroom during a heated divorce battle. Also, by negotiating a postnuptial agreement, you have the power to control the terms of the agreement, rather than relying on a judge's discretion to dictate the resolution of the issues related to your assets and property. When making a ruling, a judge will not have nearly as much flexibility as you have in the creative terms and clauses that may be included in a postnup agreement.
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***NOTE: When drafting a postnuptial agreement, it is very important that the document complies with NC law regarding the actual content included, the circumstances surrounding the agreement, the info exchanged between the parties, and the manner in which the agreement is executed. Failure to consider these and other statutory requirements may result in the document being unenforceable in the future.
A valid postnup agreement is an enforceable contract between the parties involved. If one party refuses to comply with a provision as laid out in a postnup, the other party may have to pursue legal action in order to enforce the terms of the agreement.
A party seeking to enforce the terms of a postnup must rely on the contract laws of North Carolina and the remedies available therein. These potential remedies include "specific performance," "breach of contract," and potential "monetary damages."
Regardless of the method used to enforce a postnup agreement, there are always defenses available to the allegedly non-complying party. To learn more about enforcement and defenses associated with postnups and other legal agreements in NC, visit our page on enforcing agreements and orders.
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Our attorneys are prepared to help with all aspects of separation agreements, including:
* Drafting your postnuptial agreement.
* Negotiating your postnuptial agreement.
* Reviewing your postnuptial agreement.
* Enforcing your postnuptial agreement.
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To speak with one of our Charlotte attorneys regarding postnuptial agreements, call us at 704-412-1442.
Our Charlotte based family lawyers are experienced and well versed in NC law regarding postnuptial agreements. If you have any questions about any of the material below or if you would like assistance with a postnup related matter, please don't hesitate to contact us. We can help.
A postnuptial agreement (also known as a "post-marital agreement", or more simply, a "postnup"), is a tool similar to a prenup agreement that is created after a couple has been married, rather than before the couple marries. Similarly to a prenup, a postnup agreement allows a couple to lay out the wishes of the parties in regards to numerous items, including the rights associated with and the distribution of assets and property in the event of divorce or death of either party, as well as releasing, waiving, and/or establishing rights and obligations as to various claims.
Over the last decade, postnups have become more and more popular in North Carolina and are being used by married couples for a variety of reasons. A postnup may be used to make the ownership and rights of each spouse clear in regards to certain pieces of property, business interests, assets, or debts that may exist between a couple; to protect an inheritance received by one party to a marriage; to be used as an estate planning tool; or as a way to reward one spouse for giving up a career for the other, supporting an expensive hobby of the other, or ending a bad habit. So called "lifestyle" clauses have also become popular in postnup agreements, and may also be used to create monetary payments or property awards to an innocent spouse in the event of certain acts of the other spouse, most commonly, infidelity.
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