US Legal Forms
North Carolina Postnuptial Agreements Package

North Carolina Postnuptial Agreements Package

Category:

Family Law - Marriage - Property Agreements - Postnuptial or Postmarital

State:

North Carolina

Control #:

NC-P089-PKG

Format:

Instant download

Description

This package can be used by married persons who wish to define and specify their respective and collective rights in the separate and joint property of the parties. These forms are often used by couples who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that postnuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.

Included in your package are the following forms:

1. Postnuptial Property Agreement;

2. Amendment to Postnuptial Property Agreement; and

3. Revocation of Postnuptial Property Agreement.

North Carolina Premarital Agreements Package

Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements

Postnuptial Agreement Clauses

Cohabitation Agreements

Prenuptial Agreement

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FAQ

The Separate Property Provision. Most marriages mingle the assets and property of each individual together, and they become marital property. Defining What Marital Property Encompasses. Maintenance for Each Spouse. Support for Children. Legal Help with Postnuptial Provisions.

Some of the provisions commonly included in postnuptial agreements are as follows: How the couple will divide property and other assets in the event their marriage ends. Whether one spouse will pay spousal support and how for long such support payments will be continued.

It needs to be in writing. An oral contract is often difficult to enforce legally in any case. It needs to be signed and notarized. It needs to be fair and reasonable. There must be full disclosure of assets by both spouses. Both parties agree to the terms of the postnuptial agreement.

Postnuptial agreements are generally enforceable if the parties of the document adhere to all state laws regarding inheritance, child custody, visitation and monetary support if a divorce does occur.This may also come with a will or other legal document.

In some cases a couple can put together a post nuptial agreement all by themselves that is a perfectly good legal document, ready to be signed and notarized. Others use it as a first draft to take to a lawyer (or separate lawyers for each) to be reviewed and improved upon, as needed.

As long as both parties are in agreement to the terms of the post nuptial contract, and have the ability to put those terms into a legal document, most states don't make it a legal requirement to have an attorney.

How the couple will divide property and other assets in the event their marriage ends. Whether one spouse will pay spousal support and how for long such support payments will be continued.

Attorneys will charge on average $1,000 for a simple postnuptial document and the costs can rise to around $3,000. Postnuptial agreements that are complicated in nature and require ongoing and prolonged negotiations and especially when substantial provisions and assets are involved, costs can start at around $10,000.

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