Prenuptial And Postnuptial Agreements In North Carolina

Are you considering tying the knot or looking to safeguard your financial future in your existing marriage? If you’re in North Carolina, prenuptial and postnuptial agreements can provide the peace of mind and financial clarity you need.

These legal tools help couples navigate the often complex financial aspects of their relationships by outlining the division of assets and liabilities in case of separation or divorce. This guide will explore the ins and outs of prenuptial and postnuptial agreements, and can help you make informed decisions that protect your interests and ensure a more secure future together.

What Are Prenuptial & Postnupital Agreements?

Prenuptial and postnuptial agreements are legal tools used by couples to outline how their assets and liabilities will be divided in the event of a divorce or separation.

These agreements can offer couples peace of mind, financial clarity, and the ability to protect their individual interests. 

Prenuptial Agreements in North Carolina

A prenuptial agreement is a contract entered into by prospective spouses before they get married. The primary purpose of a prenuptial agreement is to establish how assets and liabilities will be divided in case the marriage ends in divorce or separation. In North Carolina, prenuptial agreements are governed by the Uniform Premarital Agreement Act (NCGS Chapter 52B).

To be considered valid and enforceable in North Carolina, a prenuptial agreement must meet certain requirements:

1. Be in writing
2. Signed by both parties, although signing before a notary is not required, it is highly recommedned
3. Entered into voluntarily, without fraud, duress, or undue influence
4. Include full and complete disclosure of each party’s financial assets and liabilities

Prenuptial agreements typically cover various financial matters, such as:

1. Property division: This includes how marital and separate property will be divided upon divorce.
2. Spousal support: Prenuptial agreements can specify the amount and duration of alimony or waive it altogether.
3. Debt allocation: Couples can determine how debts acquired before or during the marriage will be divided.
4. Inheritance and estate planning: Provisions can be included to protect a spouse’s interests in an inheritance or other estate-related assets.

However, there are limitations to what a prenuptial agreement can cover. For instance, it cannot address child custody or child support issues, as those decisions must be made in the best interests of the child.

Postnuptial Agreements in North Carolina

A postnuptial agreement is a contract entered into by spouses after they are married but before they separate or divorce. Like prenuptial agreements, postnuptial agreements address financial matters and provide clarity on the division of assets and liabilities. 

To be valid and enforceable in North Carolina, a postnuptial agreement must also:

1. Be in writing
2. Signed by both parties, in front of a notary
3. Entered into voluntarily, without fraud, duress, or undue influence
4. Include full disclosure of each party’s financial assets and liabilities

Common provisions in postnuptial agreements include a similar set of topics as prenuptial agreements:

1. Property division: Couples can specify how marital and separate property will be divided in the event of a divorce or separation.
2. Spousal support: Postnuptial agreements can outline the amount and duration of alimony or waive it altogether.
3. Debt allocation: Spouses can agree on how debts acquired before or during the marriage will be divided.
4. Inheritance and estate planning: Provisions can be included to protect a spouse’s interests in an inheritance or other estate-related assets.

Also similar to prenuptial agreements, postnuptial agreements cannot address child custody or child support issues, and any provisions that are illegal or against public policy will be deemed unenforceable.

Comparing Prenuptial and Postnuptial Agreements

The main difference between prenuptial and postnuptial agreements is the timing of when they are entered into — before marriage for prenuptial agreements and after marriage for postnuptial agreements. 

Couples may choose one over the other depending on their individual circumstances, such as changes in their financial situation or a desire to address specific marital issues. While both agreements serve similar purposes and have similar enforceability requirements, they each cater to different stages of a relationship.

What May Cause A Prenupital or Postnupital Agreement To Become Invalid?

Both prenuptial and postnuptial agreements may be challenged in court under certain circumstances. Common grounds for challenging these agreements include:

1. Fraud, duress, or undue influence: If a party can prove that the agreement was signed under false pretenses, coercion, or excessive pressure, the agreement may be invalidated.
2. Lack of disclosure: If one party failed to fully disclose their financial assets and liabilities, the agreement could be deemed unenforceable.
3. Unconscionability: If the terms of the agreement are so one-sided or unfair that they shock the conscience, a court may refuse to enforce the agreement.

In addition, there is allowance for a dependent spouse to have an agreement modified by the court if the elimination of spousal support in the agreement would cause that dependent spouse to be eligible for public assistance programs if other requirements have also been met.

If a challenge to a prenuptial or postnuptial agreement is successful, the court may modify or invalidate the agreement, leading to a different division of assets and liabilities than what was initially agreed upon.

Consult With Our North Carolina Family Lawyers

Understanding prenuptial and postnuptial agreements in North Carolina is crucial for couples considering these legal tools to protect their financial interests and provide clarity in the event of a divorce or separation. By familiarizing yourself with the requirements, limitations, and potential challenges of these agreements, you can make informed decisions about your marital and financial future. 

Schulz Stephenson Law can help you craft a prenuptial or postnuptial agreement to help protect your future. It’s important to consult with our knowledgeable Beaufort family law attorneys to ensure that any prenuptial or postnuptial agreement you create is legally sound and enforceable, and helps protect your future. Contact us today to schedule your consultation!