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Prenuptial, Postnuptial, and Separation Agreements

Prenuptial Agreements

These are agreements that parties enter into prior to marriage where the parties determine how issues arising from the marriage will be resolved in the event of separation or divorce, or the occurrence/nonoccurrence of any other event. In a Prenuptial Agreement, spouses often detail how property will be divided in the event of a separation or divorce. These agreements also deal with how alimony issues will be resolved (i.e. elimination, modification or otherwise) in the event of a separation or divorce. Prenuptial Agreements must be in writing, signed before a certifying officer and must not be inconsistent with public policy. A Prenuptial Agreement is effective upon the date of the marriage.

Postnuptial Agreements

Postnuptial Agreements are agreements dealing with the same facts and circumstances as a premarital agreement. The difference is that they are entered into after the date of marriage but prior to the date of separation. A Postnuptial Agreement must be legal, valid and not inconsistent with public policy and acknowledged before a certifying officer.

Separation Agreements

In North Carolina, individuals may enter into a Separation Agreement provided said agreement is not inconsistent with public policy. A properly prepared agreement shall be legal, valid and binding in all respects provided that the separation agreement is in writing and acknowledged by both parties before a certifying officer. Separation agreements, like prenuptial and postnuptial agreements, deal with issues related to real property and personal property. These agreements are entered into after or in anticipation of separation.

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