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Many couples assume they must hire a divorce lawyer to draw up a postnup, but this isn't necessarily true. If you and your spouse are on good terms and can communicate openly about your finances, you may be able to create the agreement yourselves.
When writing a postnuptial agreement, you must provide the following information about both parties: The first party's name. The second party's name. Marriage date. The city and state where you were married. Your joint address. Information about existing children. ... Acknowledgment of full financial disclosure.
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.
A postnuptial agreement can create rules for many different things should the couple divorce. Asset and property division. Investments. Inheritance. Premarital assets. Debts. Retirement and 401(k) accounts. Child custody and child support. Alimony or spousal support.
Post-nuptial agreements are allowed in North Carolina under its equitable distribution statute. This statute permits marital property to be divided during marriage.