This form is an amendment to a premarital agreement for the State of North Carolina. The parties may use this form to make amendments or additions to an existing premarital agreement. Both parties are required to sign the amendment in the presence of a notary public.
Charlotte North Carolina Amendment to Prenuptial or Premarital Agreement
State:
North Carolina
City:
Charlotte
Control #:
NC-00590-C
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Prenups do not have to be notarized, but do need to be in writing and must contain the signature of both spouses. However, a prenuptial agreement can be nullified by the court if it can be established that it was signed under duress, making it best to have a witness even if you are not working with a lawyer.
Can You Write Your Own Prenup Agreement? The UPAA (California's Uniform Premarital Agreement Act) outlines the abilities and restrictions of prenups in this state. The law allows couples in California to draft their own prenuptial agreements.
The Limitations of Premarital Agreements in North Carolina While the Uniform Premarital Agreement Act recognizes prenuptial agreements as legally-binding contracts in North Carolina, the statute also places notable limitations on these agreements.
A prenuptial agreement does not cover the following: Child custody or visitation matters. Child support. Alimony in the event of a divorce. Day-to-day household matters. Anything prohibited by the law.
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 summary, in order for a prenup to be effective, both parties must have their own separate attorney. Plus, the prenup must be: Written. Oral prenups are not valid.
Typically, prenups cost around $2,500, but can cost more if you spend a while haggling out various issues.
As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement. This is true for revoking also.
You are not required by law to have an attorney draft or certify a prenuptial or spousal agreement in the State of North Carolina. However, divorce attorneys with experience in property distribution, alimony, and other family law matters will be able to help make sure you are completely covered.
Prenuptial agreements are regularly challenged in North Carolina, but these challenges are not always successful. With an experienced attorney by your side, you stand a strong chance of enforcing the agreements made in your prenuptial agreement and keeping hold of the assets that are rightfully yours.