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The North Carolina prenuptial agreement is a legal document signed between the partners who are about to get married. They use this document to outline their financial status by making a list of all assets and liabilities they have acquired before marriage.
The parties use a prenup agreement to indicate which part of their assets will be part of their individual property and which part will be included in their marital property after they get married.
Parties can also use a prenuptial agreement after marriage to determine the basic rules for property division in case they get separated or divorced. This will potentially save them expenses on lengthy and complicated litigation procedures.
Laws and Legal Requirements for a Prenuptial Agreement in North Carolina
The laws and legal requirements for a prenuptial agreement in North Carolina are all outlined in Chapter 52B of the North Carolina General Statutes, also called the Uniform Premarital Agreement Act.
Section 52B-2 refers to the prenuptial agreement as the premarital agreement and defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Moreover, it defines property as ”an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”
Signing Requirements for a Prenuptial Agreement in North Carolina
Section 52B-3 provides that the prenuptial agreement form must be made in writing. Moreover, it requires both parties to sign the document.
The state law, however, doesn’t require the parties to have the prenuptial agreement notarized. Regardless, parties should also consider having the document notarized when possible. This will prevent potential disputes between the parties as well as possible fraudulent activities.
Additionally, the notary public will confirm the identity of the parties and confirm that they have personally signed the document.
Prenuptial Agreement Enforcement in North Carolina
The court can declare certain provisions or the whole agreement unenforceable if the party against whom enforcement is sought proves that:
Prenuptial Agreement Enforcement Conditions
They have signed the prenuptial agreement against their will
The agreement was unconscionable when it was executed
The other party failed to present full and truthful information about their financial status
They didn’t waive the right to make a full disclosure of their financial status above the disclosure provided
They don't or couldn’t know the financial status of the other party
Moreover, if the enforcement of the agreement causes one party to become eligible for support under a program of public assistance, the court might require the other party to provide support to the extent necessary to avoid such eligibility.
What Can a Prenuptial Agreement in North Carolina Cover?
The parties are free to cover any provision in their prenuptial agreement template as long as they are not violating state law or public policy.
The Uniform Premarital Agreement Act provides several matters that this kind of agreement usually covers:
Provisions in a Prenuptial Agreement
The rights and responsibilities of each future partner in terms of their individual property
The right to buy, sell, lease, mortgage, exchange, or manage the property the parties will accumulate during the marriage
Rules on how the parties will divide their marital property in case of separation, divorce, death, or any similar event
Matters related to spousal support, life insurance, wills, trusts, and more
Determining the applicable laws for the agreement
Additionally, since the court has exclusive jurisdiction over matters like child support, the prenup cannot regulate those matters.
Prenuptial Agreement in North Carolina: Validity Criteria
A prenuptial agreement is invalid if it’s not made in written form and signed by both parties.
Moreover, the validity of the prenup agreement is also connected with the validity of the marriage. This means that the agreement will be invalid if the parties don’t get married after signing it.