What is a postnuptial agreement?
A postnuptial agreement is a legal document that married couples use in North Carolina to regulate financial and other matters in the event of a divorce. It is similar to a prenuptial agreement, in that it sets out the couples’ rights and responsibilities in the event of a divorce. However, unlike a prenup, it is signed after the couple is already married. Postnuptial agreements are only valid in North Carolina if they meet certain legal requirements. To be considered valid, the agreement should be in writing, signed by both parties, and witnessed by a third party. The agreement must clearly state the parties’ intent to settle their financial matters in the event of a divorce. In addition, both parties must demonstrate that they have read and understood the document, and that they are entering the agreement voluntarily. Postnuptial agreements can cover a variety of issues, including how assets and debts will be divided in the event of a divorce, alimony payments, and division of retirement plans. It can also cover issues like child custody and support, visitation rights, and health insurance. Although unheard of in the past, postnuptial agreements are becoming more common as couples look for ways to protect their rights and assets in the event of a divorce.
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