North Carolina Prenuptial Agreements
Created by FindLaw's team of legal writers and editors | Last reviewed April 30, 2018
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The prenuptial agreement is a type of contract between prospective spouses that is formed before the marriage and effective upon the marriage. Some people perceive the prenuptial agreement in a negative way because they think it encourages divorce. Others view them as a great way to control what happens to property instead of completely relying on marital property, divorce, and probate law. Although there are various perspectives when it comes to prenups, the only opinions that truly matter are those of the engaged couple. Each couple should determine for themselves whether a prenuptial agreement is the right decision to make.
North Carolina Prenuptial Agreements at a Glance
Although statutes vary when it comes to complexity level, it never hurts to break the law down even further using basic terms. The chart below provides a synopsis of the law that governs prenuptial agreements in North Carolina.
Statutes |
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Content
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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:
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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:
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. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Related Resources for North Carolina Prenuptial Agreements:
- North Carolina Family Laws
- North Carolina Annulment and Prohibited Marriage Laws
- North Carolina Marital Property Laws
- Can Prenuptial Agreements Help You?
Considering a Prenuptial Agreement? Speak with an Attorney
If you're considering a prenuptial agreement, you should speak with an experienced lawyer before proceeding. A North Carolina family law attorney can help with writing the agreement or negotiating terms.
Can I Solve This on My Own or Do I Need an Attorney?
- Family law matters are often complex and require a lawyer
- Lawyers can protect your rights and seek the best outcome
Get tailored family law advice and ask a lawyer questions. Many attorneys offer free consultations.
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