Prenuptial & Postnuptial Agreements
Protecting your assets before the marriage and after a divorce
PROTECTING YOUR ASSETS
PREMARITAL AGREEMENTS
Premarital Agreements are agreements that parties enter into prior to marriage where the parties determine how issues arising from the marriage will be resolved in the event of separation, divorce, death or the occurrence/nonoccurrence of any other event.
In a Premarital Agreement, parties often set forth how property will be divided in the event of a separation, divorce or death and how alimony issues will be resolved (elimination, modification or otherwise) in the event of a separation or divorce. Premarital Agreements must be in writing, signed before a certifying officer and must not be inconsistent with public policy. A Premarital Agreement becomes effective upon the prospective marriage actually taking place.

Uniform Premarital Agreement Act
The Uniform Premarital Agreement Act governs Premarital Agreements in North Carolina. The Uniform Premarital Agreement Act defines a Premarital Agreement as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Oftentimes a Premarital Agreement will cover the following areas pursuant to N.C.G.S. § 50B-4
1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever situated;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign….or otherwise manage and control property;

3. The disposition of property upon separation, death or the occurrence or nonoccurrence of any other event;
4. The modification or elimination of spousal support;
5. The making of a will, trust or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matters including personal rights and obligations that are not in violation of public policy or a criminal statute.
WHEN A MARRIAGE FAILS
POSTNUPTIAL AGREEMENTS
Postnuptial Agreements are agreements entered into after the date of marriage but prior to the date of separation. A postnuptial agreement, like a separation agreement, may be entered into provided said agreement is not inconsistent with public policy. A Postnuptial Agreement, like premarital and separation agreements, shall be legal, valid, and binding in all respects provided that the agreement is in writing and acknowledged by both parties before a “certifying officer.”
Prenuptial agreements and postnuptial agreements can help avoid costly & contentious divorces
WHEN A MARRIAGE FAILS
SEPERATION AGREEMENTS
Separation and Property Settlement Agreements
Separation and Property Settlement Agreements
In North Carolina, individuals may enter into a Separation Agreement provided said agreement is not inconsistent with public policy. A properly prepared agreement shall be legal, valid and binding in all respects provided that the separation agreement is in writing and acknowledged by both parties before a “certifying officer” as defined in N.C.G.S. §52-10(b).
FAQ's
PRENUPTIAL, SEPARATION & POSTNUPTIAL FAQS

How to get legally separated?

Do I have to file my separation agreement with the courts?

What is a separation agreement?

Is a separation agreement required?

Can a separation agreement include decisions about child custody and child support?

Should all finances be disclosed prior to entering a prenuptial agreement?

What requirements must be met for a prenuptial agreement to be held valid and legally enforceable?

What is property?

Can I restrict or waive child support in a prenuptial agreement?

Are Prenuptial Agreements Enforceable?
