North Carolina Prenuptial Agreements

Statutes

• North Carolina General Statutes Section 52B-3 (Formalities)
• North Carolina General Statutes Section 52B-4 (Content)
• North Carolina General Statutes Section 52B-5 (Effect of marriage)
• North Carolina General Statutes Section 52B-6 (Amendments)
• North Carolina General Statutes Section 52B-7 (Enforcement)

Content

Prenuptial agreements can cover various subject matters, not just what happens in the event of a divorce. North Carolina law dictates what can and can't be included in the agreement.

Contents of the prenuptial agreement may include the following:

• Division of property in case of separation, divorce, or death;
• The right to: buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
• Spousal support changes or elimination of support;
• The making of a will, trust, or other arrangements to carry out the agreement terms;
• The ownership rights in and distribution of the death benefit from a life insurance policy;
• Choice of law decisions for the agreement; and
• Any other matter (including personal rights and obligations) so long as the terms aren't contrary to public policy, involve a crime, or adversely affect a child's rights for child support.

Amendment/ Revocation

After the marriage, the prenuptial agreement may be amended or revoked only by a written agreement signed by both parties; the amended agreement is enforceable without consideration.

Enforcement

There are numerous reasons for invalidating a prenuptial agreement. If a party wants to invalidate the agreement, the party must prove that they didn't execute the agreement voluntarily. Or that the agreement was unconscionable when it was executed and that before execution of the agreement, the party didn't have the following:

• A fair and reasonable disclosure of the property or financial obligations of the other party;
• A writing waiving their right to the disclosure of the other party's obligations; and
• Knowledge of the other party's obligations or reason to know of the obligations.

Void Marriage: If a marriage turns out to be void, an agreement that would've been a valid prenuptial agreement but for the void marriage, is enforceable only to the extent necessary to avoid an unfair result.