Marital Agreements

A marital agreement is a contract between individuals who are planning to marry, already living together, or already married. To be effective in transferring, waiving, or modifying a spouse’s legal rights, the agreement must be in writing.

Prenuptial Agreements in North Carolina

Discussing how assets would be divided in the event of divorce or death isn’t always easy, but it’s a practical part of financial planning. A premarital agreement is a contract signed before marriage that clearly outlines each party’s rights and responsibilities regarding assets and debts.

While often associated with high-net-worth individuals, premarital agreements are increasingly common among couples of all income levels. They are especially helpful in second marriages where spouses may want to preserve assets for children from a prior relationship. A premarital agreement may also be appropriate if you own a home or business, have significant retirement savings, or expect to receive an inheritance.

If you’re considering a premarital agreement, consult with a family law attorney. An experienced professional can help ensure your agreement is legally enforceable and tailored to your specific financial circumstances.

For more information on prenuptial agreements, see our frequently asked questions.

Postnuptial Agreements in North Carolina

Postnuptial agreements are less well-known than premarital agreements but can address many of the same financial issues. The key difference is timing: postnuptial agreements are executed after a couple is already married. These contracts can be used to release, transfer, or otherwise modify marital rights to property that a spouse would otherwise be entitled to.

Sometimes postnuptial agreements are entered into during a separation with the hope of reconciliation. In other cases, they are simply a way for spouses to clarify financial expectations and responsibilities within the marriage.

North Carolina law does not allow spouses to waive or release spousal support in a postnuptial agreement unless the agreement is made during a separation when reconciliation is being contemplated.

To be valid in North Carolina, a postnuptial agreement must:

• Be in writing

• Be signed by both spouses

• Be notarized

• Avoid provisions that conflict with public policy

Consulting with a family law attorney can help ensure your agreement meets all legal requirements and reflects your intentions.