Please explain "Mutual Release" in a post-nup

North Carolina Divorce Law Divorce and Separation Answers
1

Mutual Release-Subject to the provisions of this agreement, each party has released and discharged, and by this agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other party from any and all causes of action, claims, rights, or demands whatsoever in law or equity, which either of the parties had or now has, against the other arising out of the marital relationship, except any and all causes of action for divorce based on one year’s separation.

Please reword this at a 6th grade level and give a simple example.

Thanks!

2

I am not an attorney:

It sounds like a waiver — Each spouse agrees not to pursue legal action against the other spouse for issues that arose from the marriage aside from the divorce itself.

I can only guess but my example would be equity in a house has already been settled and you can now no longer try and go BACK to court and get more regardless of your reasons for doing so.

3

Thanks for the reply. What I still don’t understand is the end: " except any and all causes of action for divorce based on one year’s separation."

So we release each other from everything except the consequences of behavior that might lead to one year’s separation and then divorce. Is that what it means?

The agreement also contains a clause that says basically that this agreement is not to be understood as any kind of evidence that I condone my husband’s acts of marital misconduct. I am told that “no condonation” clause might help me to lower the amount of alimony that I would have to pay him if we do later divorce, because apparently his unfaithfulness to me will be a consideration if he does try to collect alimony from me.

I just want to make sure this mutual release clause isn’t in any way contradicting the clause that says I am not condoning his marital misconduct.

Thanks again for responding.

4

I’m not an attorney so I could be interpreting this wrong however:

I believe the last section means that neither one of you can stop each other from filing for divorce assuming 1 year 1 day separation has been met.

I believe the first part “subject to the provision in this agreement” means to say that your “no condonation” clause would be taken into account.

Again I’m not an attorney and would love to see Ryan’s response.

5

That means you can still file for divorce.

6

Thanks. Seems to be an unnecessary clause since NC divorces are no fault. As long as it doesn’t contradict the “no condonation” clause I’m OK with it. Thanks again to everyone who responded.