Download North Carolina Postnuptial Agreement Form [PDF]

The North Carolina postnuptial agreement is a legal document that defines how the parties will manage their individual and marital property during the marriage. Most of the parties also use the postnup agreement to define how they will divide the property in case they get divorced.

The main difference between postnuptial and prenuptial agreements is when parties are allowed to sign the agreement. With prenup agreements, the parties must sign the agreement before they get married. Contrary to that, with postnup agreements, the spouses can sign the agreement only after they have entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in North Carolina

The laws and legal requirements for a postnuptial agreement in North Carolina define what the postnuptial agreement template should look like and what provisions it can include. These requirements are usually outlined in state laws and court decisions.

One of the important court cases for determining the legality of a postnuptial agreement in North Carolina is Dawbarn v. Dawbarn (2006).

In this case, the court took the stance that postnuptial agreements are not against public policy in general. However, if the agreement provides an economic inducement for one party to leave the marriage, the court concludes that such an agreement is against public policy and is void.

Signing Requirements for a Postnuptial Agreement in North Carolina

According to state law, the postnuptial agreement should be in written form. Moreover, the state law requires both parties to sign the postnuptial agreement.

However, it is not mandatory for the parties to notarize their postnuptial agreement. Still, the parties should consider completing this step whenever possible. The main reason for this is that the notarization will provide additional confirmation of the document's authenticity. This will prevent potential disputes between the parties in this regard and prevent potential fraud.

Postnuptial Agreement Enforcement in North Carolina

There are several conditions that must be met for the North Carolina postnuptial agreement form to be considered enforceable:

Postnuptial Agreement Enforcement Conditions

Both parties to the agreement must make a full disclosure of their financial status by providing a list of all of their assets and liabilities in the postnuptial agreement
The terms of the agreement should be fair for both spouses
Both spouses should enter the agreement freely and willingly, without coercion or duress

In addition, when determining the enforceability of the North Carolina postnuptial agreement form, the court will also make sure that the parties were able to understand the consequences of signing the agreement and if they had consulted their legal advisor before signing the agreement.

What Can a Postnuptial Agreement in North Carolina Cover?

The North Carolina postnuptial agreement template can cover different matters related to the financial and non-financial relationships of two spouses.

Following are some of the matters that are most commonly regulated by the provisions of the postnuptial agreement template:

Provisions in a Postnuptial Agreement

The rights and duties of each spouse in connection with their individual and marital property
Right to sell, buy, transfer, lease, mortgage, or manage the property acquired during the marriage
Agreement on how the parties will divide marital property in case of a divorce or marriage dissolution
Matters connected with spousal support, insurance, pensions, wills, trusts and more
Choice of the governing law for the postnuptial agreement

However, the provisions of the postnuptial agreement must all be in line with public policy and state law.

Postnuptial Agreement in North Carolina: Validity Criteria

The first validity criteria for the North Carolina postnuptial agreement is in relation to the formality criteria set by the state law. In practice, this means that the parties must make the prenup agreement in written form and must both sign the document for it to be considered valid.

The second validity criterion is connected to the existence of marriage. Unlike the prenup agreement, the parties can sign the postnup agreement only after they have entered the marriage. Otherwise, the document will be considered invalid.