For the rest of this article, we will call marital agreements as marital and post-nuclear agreements, or prenupes and post-nupes, as the majority of people call them. Just keep in mind that the marriage and pre-marriage agreement are different conditions for the same thing, and the same goes for the post-marital and post-marital agreements. If you and your spouse already know that you want to separate or divorce and you don`t have a prenup or postnup on site, you shouldn`t create a postnup now. Instead, you need a separation agreement. (7) The choice of the right to build the agreement; alimony or waiver can be dealt with in the pre-marriage agreement. A reservation is applicable like any other provision of the contract. However, where a spouse is entitled to public assistance because of separation, the low-income spouse may ask the court to invalidate the exemption to the extent sufficient to deprive the low-income spouse of his or her right to public assistance. If you are considering being married and are interested in a marriage agreement or are faced with an agreement, it is important to consult a local family lawyer who is helping to protect your rights. Please contact Arnold and Smith, PLLC today to discuss your unique circumstances with one of our committed family lawyers. You should consider a marriage agreement if one of the following applications applies: You and your spouse may use the same lawyer to establish a post-uptial agreement, but we strongly advise ed alleviating it. Instead, we advise you and your spouse to seek independent counsel who will help protect both parties and ensure that all important issues are addressed. The North Carolina Uniform Act is a law that governs how marital/marital agreements are treated in the state. They are not required by law to have a lawyer`s proposal or to certify a marriage or spouse agreement in the state of North Carolina.
With respect to sped assistance, there is a restriction in the law. If the provisions of the agreement would give a spouse the right to receive public assistance in the event of separation or dissolution of the marriage, a court may ask the other spouse to assist, to the extent necessary to avoid eligibility.