This Amendment to Postnuptial Property Agreement form is for use by parties to make amendments or additions to an existing postnuptial agreement. Both parties are required to sign the amendment in the presence of a notary public.
Charlotte North Carolina Amendment to Postnuptial Property Agreement
State:
North Carolina
City:
Charlotte
Control #:
NC-01715-AZ
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out North Carolina Amendment To Postnuptial Property Agreement?
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FAQ
A postnuptial agreement cannot provide enforceable terms for child support or custody. However, it can include provisions for alimony since that is considered separately from a spouse's duties as a parent.
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.
In general, the California courts assume a prenuptial agreement is valid upon the date it is signed. The courts will assume a postnuptial agreement is invalid, however, until they decide otherwise. You and your spouse will need the courts to approve your postnuptial agreement for it to become valid.
Post-nuptial agreements are allowed in North Carolina under its equitable distribution statute. This statute permits marital property to be divided during marriage.
The terms cannot be changed if a couple is separated or in the process of divorce. Changes can only be made before a wedding or during the marriage.
Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.
Postnups are not strictly legally binding, but they can be more likely to be upheld than prenuptial agreements because there is no looming wedding date putting pressure on the couple to sign up.