Free North Carolina Postnuptial Agreement Template

A North Carolina postnuptial agreement is a written contract spouses sign during the marriage about property, income, and support. North Carolina’s general statute on contracts between spouses sets a specific acknowledgment rule for certain terms.

Contracts Between Spouses Are Valid

Contracts between spouses that aren’t inconsistent with public policy are valid. Married persons may also release rights they have acquired by marriage in each other’s property, with or without valuable consideration (N.C. Gen. Stat. § 52-10(a)).

Acknowledgment for Real Property Terms

A contract or release made during the marriage doesn’t affect either spouse’s real property unless it’s in writing and acknowledged by both spouses before a certifying officer. The same rule applies to income from real property accruing more than three years after signing (§ 52-10(a)).

Releases Can Be Raised in Court

A release of marital property rights may be pleaded in bar of any action or proceeding to recover the rights and estate released (§ 52-10(a)). In other words, a spouse can rely on the release if the other later sues over those rights.

Who Can Take the Acknowledgment

A certifying officer is a notary public, or a justice, judge, magistrate, clerk, assistant clerk, or deputy clerk of the General Court of Justice. The officer can’t be a party to the contract (§ 52-10(b)).

For terms touching real property, yes, in effect. Section 52-10(a) requires a written contract acknowledged by both spouses before a certifying officer, and a notary public is one of the listed officers.

The statute also has a separate rule for support waivers. A support provision signed during a separation stays valid after a reconciliation and later separation, but only if it’s in writing, clearly stated, and acknowledged (§ 52-10(a1)). So acknowledging your North Carolina postnuptial agreement is a sensible default for the whole document.

Prepare a North Carolina postnuptial agreement with these steps:

1. Identify real property. List each spouse’s real estate and any rental income.
2. Decide on property and income. State who keeps what, and who receives rental income.
3. Write support terms plainly, if you address alimony or spousal support.
4. Share complete financial information, and give each spouse time to get independent advice.
5. Book a certifying officer. Use a notary or another listed officer who isn’t a party.
6. Appear before the officer. Both spouses sign and acknowledge the agreement in the officer’s presence.

Cover each of these:

• Real property schedule — each spouse’s real estate
• Income terms — treatment of rents and other property income
• Support provisions — stated clearly, if included
• Release language — rights each spouse gives up in the other’s property
• Acknowledgment certificate — for both spouses