There are three types of contracts between spouses in North Carolina that can settle specific rights and obligations of a marriage. These include Premarital Agreements, Post Nuptial Agreements and Separation Agreements.
Each of these types of agreements allow spouses (either before, during, or after marriage) to settle property rights and obligations which arise (or may arise) as a product of the marriage.
Graber Law Firm provides experienced and effective counsel in these matters for clients in Raleigh and Wake County, North Carolina.
Pre-Marital Agreements
Premarital agreements or ‘pre-nupts’ are binding contracts that can deal with a range of issues prior to marriage, including property division, alimony, personal rights and responsibilities, and estate rights. Both heterosexual and same-sex marriages are eligible for pre-marital agreements.
Broadly, pre-marital agreements can settle major matters should divorce be pursued between the parties. Since each party are independent interests, it is advisable for both parties to work with their own independent attorney during this process.
Graber Law Firm has extensive experience in the negotiation and drafting of pre-marital agreements.
Premarital agreements cover a range of matters, such as:
- Children from a previous marriage – If children are entitled to assets from a prior relationship in the event of death.
- Business Ownership – One spouse can seek control of a pre-existing commercial enterprise being brought into the marriage.
- Prior Significant Assets – Certain pieces of property can be considered as separate during the marriage.
- Asset Claims in the Event of Death – Limits can be placed on each partner's ability to make claims for assets after the death of the other spouse.
- Pre-Marital Debt & Other Financial Issues - If one spouse has significant debt prior to marriage, this can be established as separate. Additionally, ownership of marital property acquired through the marriage’s course can also be addressed.
- Spousal support and alimony – Whether support will be paid, and if so, the amounts paid can be predetermined in the event separation, or divorce.
Post-Nuptial Agreements
North Carolina’s equitable distribution statute allows marital property rights and interests to be established after the marriage has started. A range of situations can warrant this action: the acquisition of a closely-held business, the desire to codify ownership of marital property in the event of death, significant changes in the status of gifts, inheritances, debt, healthcare issues and more. Additionally, post-nuptial agreements can also address significant financial changes in cases where a couple has an existing pre-nuptial agreement in place.
Post-nuptial agreements may also be used by couples currently living separate and apart, but who have not yet divorced and may live together again in the future.
Separation Agreements
Separation agreements or contracts define important rights and obligations between spouses as they live separately. Please see our Separation page for additional information on separation agreements.