Fillable Printable Postnuptial Agreement - North Carolina
Fillable Printable Postnuptial Agreement - North Carolina
Postnuptial Agreement - North Carolina
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STATE OF NORTH CAROLINA )
)
COUNTY OF MECKLENBURG )
POSTNUPTIAL AGREEMENT
THIS POSTNUPTIAL AGREEMENT (“Agreement”), is made this
day of
, 20 , between *MAN*, a resident and domiciliary of Mecklenburg County,
North Carolina, hereinafter “Husband,” and *WOMAN*, a resident and domiciliary of
Mecklenburg County, North Carolina, hereinafter “Wife”;
WHEREAS, the parties were married on *DATE*. There are no children born to the
marriage at the present time; and
WHEREAS, the parties are living together harmoniously and anticipate continuing to
do so, but nonetheless desire to provide for the disposition of all assets and all liabilities in
the event of separation and/or divorce; and
NOW, THEREFORE, in consideration of the premises, and the mutual promises and
undertakings herein contained, and for other good and valuable consideration, the parties
agree as follows:
1. Disclosure of Financial Information; Voluntary Execution. Annexed hereto,
marked Exhibit A and made a part of this Agreement, is a net worth statement of each
party. The parties agree that the valuations contained in the net worth statements are
accurate and acceptable to them. In signing this Agreement, each party ha s relied upon
the net worth statement of the other as a full and accurate disclosure of the party’s property
interests.
Without limiting the foregoing, the parties further expressly stipulate, acknowledge
and agree (i) that this agreement is executed voluntarily, and (ii) that this agreement was
not unconscionable whe n it was executed. Each party specifically waives the right to any
further disclosure of financial information of any kind from the other party.
2. Separate Property. Each party agrees that the property described
hereafter shall remain the separate property of the other party in the event of a separation
and/or divorce, unless otherwise agreed by them as specifically set forth hereinafter, and
shall not be subject to any claims and rights of one party against the other for equitable
distribution under North Carolina General Statutes § 50-20 et seq., as the same may be
amended from time to time:
A) All property, whether real or personal, or of any type whatsoe ver,
presently held by the other party in his/her separate name; and
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B) All property, whether real or personal, or of any type whatsoe ver,
acquired at any time in the future by the other party in his/her
separate name; and
C) All property acquired at any time in the future by the other party by
gift, devise, bequest or inheritance; and
D) All interest, dividends, rents, profits or other income at any time
acquired from the afore stated separate property, or at any time
acquired from property purchased with separate property, or any
property substituted or exchanged for separate property; and
E) All active and passive appreciation in value of the afore stated
separate property, whe ther attributable to market conditions or to the
skills and eff orts of the owner thereof or of either party; and
F) Any recovery or claim for pain and suffering arising from a personal
injury suffered by the other party; and
Each party has the sole and exclusive right at all times to manage and control his
or her respective separate property the same as if each were unmarried. This right to
manage and control includes the right to dispose of any or all of that party’s separate
property by deed, will or otherwise on that party’s sole signature, without any involvement
or control by the other party, and the other pa rty hereby ratifies and consents to any such
disposition. If the laws of a state, or a third party, requires the release of the spouse’s
rights or interests, the other party agrees to execute whatever documents are necessary to
give such release in the other’s separate property. Each party acknowledges that the right
of the other party to retain, manage and control such separate property as granted above
continues perpetually unless this Agreement is revoked as set forth in Paragraph 14 below.
Each party specifically waives, relinquishes, renounces and gives up any claim that each
party otherwise ma y have had or have made to the other’s separate property under the
laws of this state.
3. Real Estate Acquired in the Future. The parties agree that they may in the
future purchase real estate which will be titled in the names of both parties in either a
tenancy by the entirety or som e other form of joint ownership. Said real estate shall be
Wife’s separate property (despite being titled in a form of joint ownership) in the event of a
separation and/or divorce of the parties and the rights and obligations of the parties
regarding said real estate shall be governed by th e provisions of paragraph 2 above.
4. Residence and *BUSINESS* Assets. The parties reside in a house
and lot located at *ADDRESS*, Charlotte, North Carolina. The parties agree that said real
estate shall be Husband/Wife’s separate prope rty in the event of a future separation
separate property of the other, nor shall such a payment by a
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and/or divorce of the parties and the rights and obligations of the parties regarding said real
estate shall be governed by the provisions of paragraph 2 above.
Additionally, Husband/Wife has an ownership interest in a corporation known as the
*BUSINESS*. The parties agree that said ownership interest and all rights associated with
said ownership inte rest shall be Husband/Wife’s separate property in the event of a future
separation and/or divorce of the parties and the rights and obligations of the parties
regarding said ownership interest shall be governed by the provisions of paragraph 2
above.
5. Joint Pe rsonal Property. The parties agree that any persona l property,
which shall now or hereafter be held in the joint names of the parties shall not be
considered separate property in the event of separation and/or divorce of the parties, but
shall be deemed to be owned jointly by the parties and shall be divided equally between
the parties if they become separated or divorced in the future. Provided, however, that
the provisions of the foregoing sentence do not apply to any parcels of real estate held in
joint names of the parties in any form of joint ownership. Said real estate shall be Wife’s
separate property pursuant to paragraph 3 above.
6. Payments of Debts and Liabilities.
A) Each party shall bear legal responsibilities for the following liabilities,
withou t any obligation or liability on the part of the other therefore,
except as hereinafter provided:
i) All of his/her own debts and other obligations, secured or
unsecured, existing at the time of the execution of this
agreement; and
ii) All debts in his/her name acquired in the future.
iii) All debts, obligations, taxes, assessments and expenses at
any time incurred, arising, existing or relating to the acquisition,
holding, disposition, operation, management or administration
of his/her own separate property.
iv) Notwithstanding any other provision of this section, either party
may voluntarily contribute toward the payment of the separate
liabilities of the other. However, voluntary payment shall not
constitute an assumption of the said liabilities by the
contributing party, no r shall such payment constitute an
admission of liability therefore by the contributing party, nor
shall such payment give the contributing party an interest in the
contemporaneous conversations, negotiations, possible and alleged agreements and
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party on one or more occasions be deemed a waiver or an
implied amendment of th is Section.
B) All debts in the joint names of the parties shall be paid equally by the
parties.
7. Fair and Equitable. Each of the Parties deems the aforesaid distribution of
“joint property” and “separate property” to be fair and equitable in the event of the parties’
separation and/or divorce.
8. Necessary Documents; Indemnification. If either party desires to encumber,
sell, or otherwise transfer or exercise a right of ownership in his or her separate property,
the other party shall join, as necessary, in the deed of conveyance, deed of trust, mortgage
or similar document needed to make the transfer or encumbrance or other act legally
eff ective or to expedite the transaction. However, the party requesting the joinder shall
hold the other party who joined in the deed, deed of trust, mortgage or other document
harmless from any liability or expense of any kind and nature which may result from the
execution of such deed, deed of trust, mortgage or other document. Furthermore, the
party requesting the joinder shall, upon the request of the other party, execute an indemnity
agreement or some other appropriate instrument to protect the other party under the
circumstances.
9. Independent Counsel. Each of the parties understands and recognizes that
he or she has the full and complete right to retain his or her own attorneys, accountants or
other advisors (hereinafter together called “attorneys”) and to discuss any and all of the
provisions of this Agreement or any other matter in any way relate d to this Agreement with
his or her attorneys. The parties acknowledge (I) that Wife is represented by
of Charlotte, North Carolina; (ii) that Husband is represented by
of Charlotte, North Carolina; (iii) that both parties
have been duly appraised of their respective legal rights, including their rights to equitable
distribution, and (iv) that all of the provisions hereof as well as all questions pertinent
hereto have been fully and satisfactorily explained to them.
10. Applicable Law. This Agreement shall be governed by and interpreted and
construed in accordance with the law of the State of North Carolina. In addition, the parties
hereto expressly unde rstand and agree that the provisions in this agreement shall be
applicable at all times even though the parties may reside in a jurisdiction other than North
Carolina in the future.
11. Entire Agreement. This Agreement represents the entire agreement of
the parties with regard to the subject matter hereof. No other agreements, covenants,
representations or warranties, express or implied, oral or written, have been made by either
party to the other with respect to the subject matter of this Agreement. All prior and
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representations, covenants and warranties with respect to the subject matter hereof are
waived, merged herein and superseded hereby.
12. Execution and Effectiveness. To clarify certain aspects of this
Agreement’s execution and eff ectiveness, the parties agree as follows:
A) This Agreement shall be binding upon and enure to the benefit of the
parties and their respective heirs, executors, personal
representatives, successors and assigns.
B) Each of the parties acknowledges that this Agreement is voluntarily
executed with full knowledge and information, and that no coercion or
undue influence has been used by or against either party, by the other
party or by any third parties in making this Agreement.
C) No provision of this Agreement shall be interpreted for or against any
party because that party or that party’s legal representative drafted
this Agreement or drafted any particular provision hereof.
D) In the event any of the provisions of this Agreement are deemed to be
invalid or unenforceable, the same shall be severed from the
remainder of this Agreement and shall not cause invalidity or
unenforceability of the remainder of this Agreement. If such provision
shall be deemed invalid due to its scope or breadth, such provision
shall be deemed valid to the extent of the scope or breadth permitted
by law.
E) Each party shall, upon the request of the other or the other’s personal
representative, execute, acknowledge and deliver any instruments
appropriate or necessary to eff ectuate the intent and provisions of this
Agreement.
F) Neither party has any reason to believe that the other did not
understand fully the terms and eff ects of the Agreement or that the
other did not freely and voluntarily execute the Agreement.
13. Waiver of Equit able Distribution. Pursuant to North Carolina G.S. §52B-4(3),
each of the parties hereby specifically waive any claims or rights of equitable distribution of
marital and/or divisible property arising out of North Carolina G.S. §50-20, et. seq., or
otherwise, now and hereafter by law provided.
14. Revocation and/or Amendment. Only an express agreement in writing
making clear and specific reference to this agreement, signed and notarized by both
parties according to law, shall have the effect of revoking or amending this agreement.
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15. Waiver. The failure of any of the parties to this Agreement to insist upon
strict performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature; nor shall it affect the party’s
rights to claim strict performance of any other portion of this Agreement.
16. Specific Performance. Either party shall have the right to compel the
performance of the provisions of this Agreement by suing for specific performance in the
courts where jurisdiction of the parties and subject matter exists. Both parties acknowledge
that neither party has a plain, speed y or adequate legal remedy to compel compliance with
the provisions of this Agreement, that neither party should be requir ed to repeatedly file suit
for any breach of this Agreement, that this Agreement is fair and equitable to both parties,
and that an order of specific performance enforceable by contempt is an appropriate
remedy for a breach by either party. However, nothing herein shall prevent an injured party
from recovering all monetary damages to which he or she may be entitled upon a showing
that the other party has breached the provisions of this Agreement.
17. Attorney Fees. If either party breache s any of the terms of this Agreement,
the breaching party shall be required to pa y reasonable attorney fees for the party whose
rights were violated as a result of said breach.
IN WITNESS WHEREOF, the Parties have set their hands and seals to this
Agreement, in multiple originals, one of which is being retained by each of the Parties and
each of which shall be deemed an original hereof, all as of the day and year first above
written.
(SEAL)
“MAN”
(SEAL)
“WOMAN”
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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, , a Notary Public for said County and State, do hereby
certify that “MAN” personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein intended.
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WITNESS my hand and notarial seal this, the day of ,
NOTARY PUBLIC
My Commission Expires On :
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, , a Notary Public for said County and State, do hereby
certify that “WOMAN” personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein intended.
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WITNESS my hand and notarial seal this, the day of ,
NOTARY PUBLIC
My Commission Expires On :
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EXHIBIT
A
