Individuals who are contemplating marriage (or remarriage) should consider entering into a premarital agreement with their future spouse. North Carolina law establishes certain rights in your spouse in the event of your death or in the event of separation or divorce. A premarital agreement can be used to modify or eliminate these rights. This is especially important for individuals who have built substantial wealth prior to the marriage, or who are entering into a subsequent marriage after the death of, or divorce from, a prior spouse, particularly if there are children from the prior marriage.
Individuals who are already married may also enter into postmarital agreements with their spouse. Postmarital agreements may address many of the issues that a premarital agreement could address. However, postmarital agreements cannot be as broad as premarital agreements. For example, an individual may waive the right to alimony in a premarital agreement, but may not waive that right in a postmarital agreement.
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