Prenuptial Agreements and Postnuptial Agreements

Prenuptial Agreements are authorized by the Uniform Premarital Agreement Act. N.C. Gen. Stat. 52B. a premarital agreement is enforceable without consideration if it is in writing and signed by both parties. A premarital agreement becomes effective upon marriage. N.C. Gen. Stat. 52B-5. Matters that may be included in a premarital agreement include rights and obligations in property, whenever and wherever acquired or located, and extend to the right to buy, sell, transfer, use, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage, and control property. As you can see, Prenuptial Agreements can and often are broad and sweeping documents. N.C. Gen. Stat. 52B-4. Importantly, premarital agreements can also govern whether or not either party will be entitled to any amount of spousal support. N.C. Gen. Stat. 52B-4(a); N.C. Gen. Stat. 50-16.6(b).

A postnuptial agreement is an agreement between spouses entered into during the marriage. A party cannot wave alimony and a postnuptial agreement, unless the waiver was made in an agreement executed during a period of separation. Aside from that prohibition, postnuptial agreements are very similar to separation agreements, and that they may provide by agreement for the distribution of marital or divisible property, or both. N.C. Gen. Stat. 50-20; Buffington v. Buffington, 1984.

McKnight Law has drafted prenuptial and postnuptial agreements for many of our clients over the years. They can save parties a great deal of time and money in the event that a marriage comes to an end. We are ready to talk to you about whether an agreement with your spouse about financial issues is right for you. Call today.

Why McKnight Law?

John McKnight, our owner and founding partner, has been litigating in North Carolina District and Superior Courts since graduating from the Wake Forest university school of law in 2004. John has been inducted into the North Carolina Pro Bono Honor Society for his contributions to the people of the state, and he has personally trained the other lawyers here at McKnight Law, each of whom has many years of litigation experience. We are all members of both the Wake County Bar Association and the North Carolina Bar Association. Our attorneys are routinely recognized by Super Lawyers and Best Lawyers in America, and we have been selected by Best Law Firms in America as elite family law practitioners. All our lawyers are active in the community and contributing members to the field of law in North Carolina.

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