婚后协议

Guilford County family law attorneys confront difficult property division issues on a regular basis. The division 和 distribution of property can be a concern prior to marriage, 在婚姻中, 皇冠足彩之后. Most people are familiar with the concept of a pre-marital agreement – an agreement signed by two parties, 尚未结婚, dealing with the division of their property should they divorce. Less well known are post-nuptial agreements. These are agreements signed by two parties that are already married, but again dealing with the division of their property should they divorce.

例如, if you 和 your partner have separated, but later decide that you want to get back together, a second step focusing on the distribution of your property may be something to consider. If you 和 your partner wish to provide for the division of property in the event that things do not work out 和 you end up separating again, 为好, a post-nuptial agreement can accomplish that for you.

To better underst和 post-nuptial agreements, here is a quick example. Susan Johnson 和 Matt Johnson (hypothetical names) of 皇冠足彩网 have separated. After a couple of months separated, 他们一直在设法解决问题, 去做婚姻咨询, 和 have decided to get back together again. 然而, now they are both underst和ably concerned about what will happen to their property if they do separate again 和 ultimately divorce.  Also, Matt doesn’t want to lose the proof of Susan’s adultery if they separate again.

To solve those worries 和 alleviate those concerns, Susan 和 Matt can enter into a post-nuptial agreement, reviewed by their separate attorneys to ensure that each is getting a fair shake 和 underst和s the details of the agreement. This will give both Susan 和 Matt peace of mind just in case they do end up deciding to get a divorce. 以这种方式, post-nuptial agreements are forward-thinking 和 allow the parties to focus on their day to day lives, instead of worrying about what may come to pass in the future. 

Post-nuptial agreements are allowed in North Carolina under its equitable distribution statute. This statute permits marital property to be divided during marriage. If you think back to the above example, this makes sense. A post-nuptial agreement allowed Susan 和 Matt to determine how they would divide up their assets if they ended up getting a divorce. This is a division of marital property that occurred 在婚姻中. 

A post-nuptial agreement may be utilized upon the acquisition of a closely-held business. Spousal waivers to property interest in a marital business, active 和 passive appreciation 和 consideration of the business as an unequal factor in equitable distribution may be covered in a properly prepared post-nuptial agreement

North Carolina General Statute 50-20 allows a postnuptial agreement on property issues. 然而, a post-nuptial agreement generally cannot extend to cover issues of alimony. This is because of public policy concerns; courts tend not to look fondly upon such agreements wherein one spouse waives their right to future alimony. Therefore, post-nuptial agreements should be limited in their scope to dealing with property issues. This is a big enough task in 和 out itself. 

Attorneys 和 staff here at 伍德拉夫家庭律师事务所 are well versed in many facets of family law. If you have any questions regarding post-nuptial agreements, we can assist you.