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North Carolina Postnuptial Agreement

A North Carolina postnuptial agreement is a contract between two spouses that determines how assets will be distributed should the marriage end in divorce or death. Postnuptial agreements are signed by people who are already married.
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Signing Requirements

Agreements must be in writing, signed by both parties, and either notarized or signed in the presence of a judicial officer.[1]

Laws

Validity: Married spouses may create contracts releasing their rights to marital property.[1]

Public Policy: Postnuptial agreements, in general, are not against public policy. However, when an agreement provides an economic inducement to leave the marriage, it is void as against public policy.[2]

Enforceability: Like any other contract, a postnuptial agreement is not enforceable if it is unconscionable or procured by duress, coercion, or fraud.[2]

Statute of Limitations: There is a three-year statute of limitations for claims that a postnuptial agreement resulted from fraud or mistake. The three-year period does not begin until the aggrieved party discovers the facts constituting the fraud or mistake.[3]