The financial statement disclosure form is for use in connection with the premarital agreement and must be completed accurately and completely. Both parties are required to complete a separate financial statement and provide a copy of the statement to the other party.
Charlotte North Carolina Financial Statements only in Connection with Prenuptial Premarital Agreement
State:
North Carolina
City:
Charlotte
Control #:
NC-00590-D
Format:
Word;
Rich Text
Instant download
Description
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How to fill out North Carolina Financial Statements Only In Connection With Prenuptial Premarital Agreement?
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FAQ
Be a written contract?no verbal agreements. Have lawful terms within the prenup. Include the signatures from both parties. Must be signed voluntarily (can't involve coercion, duress, intimidation, or deceit)
If a will contradicts the terms of a prenup, the heirs may have grounds to legally contest the validity of the will, and the courts will determine which document is enforceable when the terms contradict each other. The terms of a prenup are still enforceable in the event one spouse dies.
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.
The agreement was procured by fraud ? a prenup is valid only if it is entered into after full disclosure by both parties as to their income, assets, and liabilities. If one spouse provides the other with information that is not accurate or truthful, the agreement is invalid.
Unconscionability Invalidates a Prenuptial Agreement One 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.
When it comes to monetary assets, a prenup can also protect the future earnings of one or both parties so they are not up for grabs during a divorce.
If one spouse lies, misrepresents a material fact, commits fraud or makes false promises in a premarital contract, this can void the document. The signing spouse could argue in this case that the basis of the contract is fraudulent.
The law does not allow a couple to include any terms regarding child custody, visitation or support in a prenuptial or postnuptial agreement. This is because a judge will make these decisions in a divorce case based on the child's best interests.
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.