Add Dropdown List Legal North Carolina Postnuptial Forms For Free

To be valid in North Carolina, a postnuptial agreement must be in writing and signed by both parties; the agreement must be notarized, and it must not contain any provisions that may be contradictory to public policy.

The separation agreement is treated as a contract and can be enforced by any court in North Carolina through the court's contempt powers. The court does retain some discretion to modify the separation agreement's terms regarding child custody if the court finds that they are not in the best interests of the child.

However, if the agreement is fair in its terms, abides by local laws, and both spouses entered into it voluntarily, the court will usually uphold a postnuptial agreement.

While it is entirely possible to construct your own postnuptial agreement, it is not typically recommended. There are pros and cons to writing your own postnup and why you might benefit from an attorney's input.

Any concealment, deception, or fraud will likely result in the postnuptial agreement being invalidated in court. Family law courts must also believe that the agreement is fair. If a judge believes that the postnup is significantly biased or unfair to one spouse, the document may not stand up in court.

A postnuptial agreement is void if it was not voluntarily and intentionally signed by both parties, or if one spouse was coerced or threatened into signing it. If one or both parties are under duress at the time of signing, the postnuptial agreement may be rendered invalid.

Duress or coercion: If you or your spouse were forced or pressured into signing the agreement, it may be deemed invalid. Fraud or misrepresentation: If either party provides false or incomplete information about their assets or liabilities, the agreement could be invalidated.

The only downside to signing a postnuptial agreement is that they are less likely to be enforced because courts prefer these types of contracts to be entered into prior to marriage. If you are married and are interested in drafting a postnuptial agreement, it is important that you retain and consult an attorney.

A postnuptial agreement must protect both partners. If it is unbalanced, so much so that it “shocks the conscience,” the contract would be considered unconscionable if a postnup deprives one spouse of any rights or assets if the couple separates or divorces, the agreement may be voided due to unconscionability.