Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Other Family Law Matters / Marital Agreements

Marital Agreements

marital agreements, prenuptual and postnuptual agreements NCA marital agreement is a contract between spouses who plan to marry or are already residing together or are already married. To be effective to transfer, waive, or modify the rights of a spouse, the agreement must be in writing.

Prenuptial Agreements in North Carolina

While it may be a difficult conversation to have with your intended spouse, addressing how assets would be divided in the event of a divorce or death is simply smart financial planning. A premarital agreement is a contract put in place before the marriage occurs that spells out in writing what the couple has agreed to.

One might think of premarital agreements being only for the wealthy, but they are becoming more common for people of all incomes. They are particularly useful for couples marrying for a second time who wish to preserve assets for their children from the previous marriage. You may also want to consider a premarital agreement to protect your premarital assets, such as a home or retirement funds, if you have an ownership interest in a business, or if you may be receiving an inheritance in the future.

If you are considering a premarital agreement, seek legal advice from a family law attorney. Having a family law professional draw up your contract will ensure that it is legally sound and it covers all aspects of your current and future financial picture.

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

Postnuptial Agreements in North Carolina

Postnuptial agreements are lesser known contracts, but they can address many of the same issues as a premarital agreement. The distinction is that they are signed after the individuals are married. A postnuptial agreement may be used for married persons to release, quitclaim or otherwise dispose of rights in which they otherwise would be entitled.

In some cases, such agreements are used when spouses separate with the intent to reconcile. However, according to the North Carolina General Assembly, postnuptial agreements “do not incite divorce nor separation, but instead can promote marital stability by defining the expectations and responsibilities of the parties.”

Postnuptial agreements may not waive or release spousal support rights, except when the agreement is signed during a period of separation when the spouses are contemplating reconciliation.

To be valid in North Carolina, a postnuptial agreement must be in writing and signed by both parties; the agreement must be notarized, and it must not contain any provisions that may be contradictory to public policy.

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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Lucky #13!!!WFLG is thrilled to announce the 13th attorney has joined our team!Amy Brosnahan is a Raleigh native and recent graduate of Wake Forest University School of Law. She is a past volunteer with the Wake County Guardian ad Litem program and went to law school with the goal of practicing family law. Welcome to our work family, Amy! ... See MoreSee Less

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Questions about annulments?An annulment of a marriage is very hard to get and only available in very limited circumstances. ... See MoreSee Less

Annulment vs Divorce in NC - Wake Family Law

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Learn more about annulment vs divorce situations and other North Carolina marriage laws with Wake Family Law Group.
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WFLG will also be closed on Monday, September 4 in observance of Labor Day.Courthouses and court offices will be closed on Monday, September 4, in observance of Labor Day.*Magistrate offices remain open 24 /7. ... See MoreSee Less

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Congratulations to WFLG partners Mike Schilawski and Nancy Grace who have been included in the 2023 edition of The Best Lawyers in America in the practice area of Family Law. The Best Lawyers in America is a ranking publication that compiles lists of outstanding attorneys by conducting peer-review surveys. Congratulations! ... See MoreSee Less

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Happy birthday to WFLG partner, Rachel Beard! You can read more about Rachel at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/rachel-beard/ ... See MoreSee Less

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Wishing the happiest birthday today to WFLG attorney, Jake Terrell! 🎉🎉🎉You can read more about Jake at: https://wakefamilylawgroup.com/family-law-divorce-attorneys/jake-w-terrell/ ... See MoreSee Less

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We are pleased to announce that Wake Family Law Group has promoted Rachel Beard and Melanie Phillips to the position of Partner. Their exceptional expertise in North Carolina family law and dedication to serving our clients has earned them this well-deserved recognition. We congratulate Rachel and Melanie on this milestone achievement and look forward to their continued contributions to our firm. Read more here: https://bit.ly/3CLICYt ... See MoreSee Less

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Thank you Wake Family Law Group for being a 2022-2023 Pleasant Union Elementary School gold level sponsor. We appreciate your support! ... See MoreSee Less

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Happy birthday to WFLG attorney Norieh Brittain!You can read more about Norieh at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/norieh-brittain/ ... See MoreSee Less

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WFLG is also closed today in observance of Memorial Day.Courthouses and court offices will be closed on Monday, May 29 in observance of Memorial Day. *Magistrate offices remain open 27/7. ... See MoreSee Less

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