Plenty of couples didn’t sign a prenup and later wish they had. Maybe one of you started a business, received an inheritance or took on a big financial risk. Maybe you’re working through a rough patch and want clarity. A postnuptial agreement lets married couples decide now how property and support would be handled if the marriage ends. Sawyer & Associates drafts postnups that are clear, fair and built to hold up.
What is a postnuptial agreement?
A postnuptial agreement is a written contract between spouses, signed after the wedding, that sets out how property, debt and sometimes spousal support will be handled if you separate, divorce or one of you dies. North Carolina allows these agreements as long as they meet the requirements of N.C.G.S. 52-10 and don’t violate public policy.
Requirements for a valid NC postnup
- In writing. Verbal promises don’t count.
- Acknowledged by both spouses before a certifying officer, usually a notary public.
- Voluntary. Neither spouse can be pressured, threatened or tricked into signing.
- Fair disclosure. Both spouses should fully share their assets, debts and income. Hiding assets is one of the fastest ways to get an agreement thrown out.
We also strongly recommend that each spouse have their own lawyer. It protects both of you and makes the agreement much harder to challenge later.
What a postnup can cover
- Which property stays separate and which is marital
- How a family business or professional practice is treated
- Protection of an inheritance or family land
- Responsibility for specific debts
- Rights to each other’s estate at death
- Spousal support, subject to legal limits
What a postnup can’t do
A postnup can’t lock in child custody or limit child support. Those are always decided based on the child’s best interest and needs at the time.
When couples choose a postnup
- After starting or buying into a business
- After receiving an inheritance or large gift
- When one spouse leaves work to raise children
- During a reconciliation after infidelity or separation
- When a prenup was discussed but never signed
Related North Carolina family law services
Postnuptial agreement FAQs
Are postnuptial agreements enforceable in North Carolina?
Yes, if they’re in writing, acknowledged before a notary or other certifying officer, signed voluntarily and based on fair disclosure.
Do we each need a lawyer?
It’s not legally required, but separate lawyers make the agreement far stronger.
Can a postnup protect my business?
Yes. A postnup can classify a business, and its growth, as separate property.
Can a postnup decide custody?
No. Custody and child support can’t be fixed in advance.
Can we change a postnup later?
Yes. You can amend or revoke it with a new written, acknowledged agreement.
Get clarity without waiting for a crisis. Talk with Nick Wilson about a postnuptial agreement. Call 800-355-1504 or book a consultation.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
