What is a postnuptial agreement?

A postnuptial agreement is a legally binding contract between two spouses that is designed to protect their interests in the event of a divorce or separation. This agreement is similar to a prenuptial agreement but is made after the couple is already married. In North Carolina, postnuptial agreements are governed by North Carolina General Statutes Chapter 52. In order to be legally binding, the agreement must be in writing and signed by both spouses. Generally, postnuptial agreements will address a variety of topics such as division of property, alimony, and any other financial issues that the couple choose to address. It is important that both spouses understand all of the terms of the agreement before entering into it. An attorney should be consulted in order to ensure that the agreement is legally sound and written to protect both spouses. In addition, each spouse should be provided with full disclosure of the other’s financial information before signing the agreement. Once the postnuptial agreement is signed, it becomes binding and enforceable in North Carolina’s courts. If either spouse fails to adhere to the terms of the agreement, the other can take legal action. However, if both parties agree, the postnuptial agreement can be changed or revoked.

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