North Carolina Prenuptial Agreement Form

Today, the most popular form of control of property between spouses is a prenuptial agreement. It is becoming common among most married couples regardless of age and income level. It happens for several reasons, the most important of which is the ability to protect your financial assets after a divorce.

Unfortunately, no one guarantees you happy family life. Many couples divorce because of misunderstandings, quarrels, and mutual resentment. The marriage agreement is an effective mechanism for the distribution of property shares and material assets. You don’t need to worry about losses as you are officially protected.

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Create a free high quality North Carolina Prenuptial Agreement online now!

The prenuptial agreement is an official document of a married couple promoting the fair distribution of property and financial assets between the spouses. It is concluded with the mutual consent of the two parties and comes into force after marriage. Until then, the contract is invalid, so consider all the nuances.

The prenuptial agreement defines the property rights and obligations of both spouses after the divorce. Since it is mutual and in good faith, the parties must consider the consequences of withholding information. Do not withhold any information about your financial situation and debts, which could lead to legal proceedings.

Not every couple needs a prenuptial agreement template. However, thanks to it, the spouses may solve their financial issues both during marriage and after divorce. Unfortunately, there are many divorces and situations where one party is looking for material benefits from a wealthy party. You can’t be 100% sure of your partner. Therefore, the prenuptial agreement is the primary tool for your protection.

The structure of the prenuptial document in all US states is the same. Read the information carefully and fill in the sections correctly.

Basic information

The first section of the prenuptial contract demands your bibliographic information, including gender, age, and wedding date. If a couple signs the prenuptial agreement but does not fulfill the donation, it becomes unenforceable. Therefore, take this type of document seriously.

Conditions and demands

Each of the spouses determines the conditions and requirements for the second party. It all depends solely on your preferences and desires. However, follow the legal rules and laws of the state of North Carolina. The agreement must be fair, and all coercion and pressure are unacceptable.

Official confirmation

After filling out the document, make sure you sign and date it. It is a prerequisite. Also, some married couples officially notarize the agreement.

The rights of custody and child support are not included in the prenuptial agreements. Parents have the right to provide financial support. However, prenuptial contracts cannot establish the rights and obligations of the guardian. Even when the parents reach a custody agreement, the judge reviews any document to ensure that it meets the child’s needs and not the parents’.


North Carolina Prenup Laws and Requirements

As in any other state, North Carolina has its legislation regarding prenuptial agreements. The contract is subject to the General State Charter § 52B-7. Follow the information below, and you will come to a common denominator with the other party about signing the contract without quarrels and disagreements.

Signing Requirements

In North Carolina, both spouses must sign a prenuptial agreement.  Furthermore, the most appropriate period for signing the contract is before the official wedding, usually a month before. Follow the voluntary nature and mutual consent. Then the agreement may become invalid by a court decision.

Enforceability

Prenuptial agreements are enforceable more often than not. However, there are several cases when the courts invalidate it:

  • One of the parties did not execute the agreement voluntarily.
  • The agreement is unconscionable.
  • One of the parties hid information about the financial condition, income, and debts.
  • One of the spouses is mentally disabled or incapacitated.

The courts decide all these issues per the law (§ 52B-7 and § 52B-8). To avoid errors and disagreements, do not hide the data.

Definitions

Before you read the terms of the prenuptial agreement, consider the key concepts and terms. It will help you to be better acquainted with the process and legal subtleties.

Court Refusal

If the parties cannot agree and come to a decision, the court enters into the case. It is the highest authority for monitoring and regulating prenuptial agreement issues. For more information, see section § 52B-9.

What Prenups Can Cover

The scope of marriage contracts is different. On the one hand, such documents regulate the property and financial assets and debts and loans of a married couple. On the other hand, it may also resolve issues related to insurance, pensions, inheritance, and finances in the event of one of the parties’ death.

Thus, prenuptial agreements are the primary tool for protecting your finances and interests. Applying the above rules, you will safely divide the property in the event of the divorce.

Published: Feb 25, 2021