Separation of assets without intention of getting divorce


#1

Is it possible to do a separation of assets without the intention of getting a divorce, with the consent of both parties? My wife and I have been married for 15 years and we would like to know if this is possible in North Carolina.
Thanks!


#2

Yes, this is called a postnuptial agreement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Ms Ayscue,

You recently posted a forum response to a question I had about separating assets after marriage and you responded that this can be done with a post-nuptial agreement.

This is something my wife and I will like to pursue. However we only want the agreement to affect everything going forward from the time of the agreement. We do not want it to affect anything we presently own.

I have a few questions.

  1. Is it possible to do the agreement, as we want, to only affect the future and no present holdings?

  2. What would be the approximate cost?

  3. Approximately how long will it take?

  4. What do we need to do to get started?

I left you a voicemail a short while ago about this as well.

I look forward to hearing from you.

Best regards,

Ronald Kirkley


#4

(1) Yes, it is possible for a postnuptial agreement to address only future-acquired assets and property and not address previously acquired marital property.

(2) The cost will depend on the attorney and the area in which you live.

(3) Since there will be no financial disclosure between spouses needed because the agreement is not going to address previously acquired property, this is something that could likely be drafted in a few days.

(4) You would need to consult with an attorney to ensure this is the route best for you and retain the attorney.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.