Post-Nuptial Agreements

Post-Nuptial Agreements are similar to Pre-Nuptial Agreements; the major difference is that a postnup is a legal agreement between husband and wife.

Post-nuptials provide a communication tool for spouses who are already married, clarify responsibilities to allow for clarity in the relationship, and provide protection for the husband and wife should their relationship end due to divorce or death. Postnups may be valid under N.C. Gen. Stat. § 52-10 as long as the terms do not violate public policy, each party is competent and other requirements are met.

Rice Law attorneys are well-versed in drafting custom post-nuptial agreements to meet each client's needs.

Common Questions

• What is a post-nuptial agreement?
• Why get a post-nuptial agreement?
• What if my husband or wife asks me to sign a postnup?

What is a post-nuptial agreement?

A Post-Nuptial Agreement (also called a Post-Marriage Agreement) is a marriage contract that legally defines your relationship with your spouse.

Similar to Pre-Nuptial Agreements, post-nuptials are created to define individual legal rights of the husband and the wife. However, North Carolina Law applies more restrictions on what can be done with a postnup vs. a prenup. Generally, a prenup may offer more protections than a postnup.

Why get a post-nuptial agreement?

The main reasons that spouses choose to establish a Post-Nuptial Agreement is to:

• Allocate funds or property to children from a previous marriage
• Amend a pre-nuptial agreement that was signed before marriage
• Define and clarify ownership and division of financial assets in the event the couple divorces (e.g., property, receipt stock options, businesses started by you or your spouse)
• Make their plans for property distribution in the case of death or divorce
• More effectively manage their marriage partnership and responsibilities

Post-nuptials can also be used to get married couples to discuss finances, aid in reconciliation, and/or provide additional emotional security.

What if my husband or wife asks me to sign a postnup?

You are well advised to consult a North Carolina attorney. While you might believe that your spouse is not acting adverse to your interests (and they might not be), a post-nup is sometimes presented for "estate planning purposes" when in fact it could be a precursor to separation. By checking with a licensed North Carolina lawyer who understands family law and post-nuptial agreements, you will better understand the implications and your rights.