Are post-nuptial agreements binding?


#1

As long as you and your wife have the agreement in writing, signed by both parties and is notarized, then your agreement (if well drafted) is binding.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

I’ve been married for several years to a woman who came into the marriage with tremendous debt and horrible credit and absolutely not a penny to her name. At the time of the marriage I owned my own home and had several thousand dollars saved. To this day my wife has not reduced her debt at all and has not attempted to straighten her credit out, nor has she been able to save any money either.

As it stands I am the only one saving money and am the only one with credit and am , with the exception of a few small utility bills, the one that has been supporting the family financially.

We would like to move into a bigger house but I am very hesitant to do so since I will be the only one putting forth the money, credit, and equity in the home to do so without any help whatsoever from my wife.

If we were to get a bigger house and then for whatever reason seperate I would want to keep the house since I would have been the only one putting forth any effort to buy or make payments on it. Is this something a post-nuptial agreement can assist with? I also have several thousand dollars that are a direct result of my work that I would want to protect as well.

Thanks in advance