This document contains a list of clauses used in premarital agreements, followed by the full clauses used in the agreements. The 38-page document also contains general comments on negotiating, drafting, and execution of premarital agreements.
North Carolina Prenuptial Agreements - General Comments on the Negotiating, Drafting and Execution of Prenuptial Agreements
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FAQ
North Carolina follows the Uniform Prenuptial Agreement Act (UPAA), which establishes requirements for prenuptial agreements. Foremost, any prenuptial agreement must be in writing and signed by the future spouses. An agreement won't take effect until the couple marries.
Unconscionability Invalidates a Prenuptial AgreementOne party signed the agreement involuntarily or not by choice. One party demonstrates that the other party did not divulge all relevant information. One party can prove he/she was not allowed access to an attorney before signing the prenup.
Generally speaking, both fiance's should hire attorneys to negotiate and draft a prenup on their own behalf, because the agreement may not be enforceable without involvement of separate legal counsel. Most lawyers representing parties in prenuptial negotiations act as if it the entire transaction is purely business.
Are Prenups Enforceable? Prenuptial agreements, if drawn up and executed correctly, are legally binding and are usually upheld in court. One recent, high-profile case, however, has shown that prenups are not always ironclad.
Generally speaking, prenuptial agreements are enforced if they meet these basic requirements: The agreement addresses the rights and responsibilities of each party in property of either or both. The agreement is in writing and is signed by both parties prior to their marriage.
Lastly, the agreement needs to be validly executed by both parties in the manner for a deed to be recorded; in other words, the prenup needs to be notarized.
Lastly, the agreement needs to be validly executed by both parties in the manner for a deed to be recorded; in other words, the prenup needs to be notarized.
In theory, you could write your own prenuptial agreement or, you could use a form from a Do-It-Yourself (DIY) service. As with any legal document, if you take either of those approaches, you run substantial risks that your agreement or some of its provisions may not be enforceable under North Carolina law.
Issues that are typically dealt with in a prenuptial agreement include spousal support in the event of separation or divorce, including whether the couple will waive spousal support, arrangements regarding care and support of children that either party may have from a prior relationship and how those support payments