My wife and I have decided because we both own our own business that it would be benificial to both of us to have a postnuptial agreement since our marriage is not as good as it once was.
You need an attorney to draft this type of agreement. The specific language and fairness of the agreement will be considered in whether the court will actually uphold and enforce such an agreement. Both parties should be represented by separate attorneys and both parties must make FULL AND COMPLETE financial disclosure to one another before entering into the agreement in order for it to be valid. That being said, I would not rely on the validity of such an agreement if you choose to pursue this unrepresented.
It is not a good idea to draft your own agreement or pull one off the web. Consult with a NC family law attorney experienced in postnuptial agreements. If you do it wrong, it will not be enforceable. There also matters you can address in a certain fashion in prenups and separation agreements that are not allowed in postnuptial agrements
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This is a thoughtful move on your and your wife's part. Your agreement might be valid under North Carolina law, but it might not. The only way to know for sure is to have it reviewed by a family law attorney or contracts attorney--either of which would be competent to interpret this agreement in accord with our state's legal formalities.
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