North Carolina Prenuptial Agreement Statute

April 11, 2021

The North Carolina Uniform Act is a law that governs how marital/marital agreements are treated in the state. A pre-marriage agreement can benefit both spouses and resolve problems that can cause marriage problems if not addressed beforehand. A marital agreement also requires transparency of ownership and debt before marriage, as a court could cancel the agreement without full disclosure. North Carolina sticks to the Premarital Agreement Act, which offers two main options for defending itself against the application of a marital agreement: non-émition and recklessness. (8) Any other case, including personal rights and obligations, is not in violation of public order or a law imposing a criminal sanction. Contrary to what some people believe, marital agreements are not limited to the protection of wealth. In fact, some couples enter into a marriage pact because one or both have large debts. These considerations make it even more important for both parties to speak with a family lawyer, both before signing a marriage contract and in the event that one of them attempts to enforce the agreement. Many people are reluctant to sign or even discuss a marriage agreement. There is a stigma in today`s society that a spouse is a cold or self-destructive thing to think about before entering into the expected marital bliss. In reality, a marriage contract has the power to influence rights during marriage and long after divorce.

It may be important to consult an experienced family law lawyer before signing a marriage contract or if you are possibly being applied with one. A pre-marital agreement may also be appropriate when a potential spouse is considering renouncing a successful profession or career after marriage. Marital agreements can cover different topics, not just what happens in the event of a divorce. North Carolina law dictates what can and cannot be included in the agreement. The other possibility of invalidating a marital agreement is when one of the parties has been left in the dark with respect to the other person`s debts and assets. This makes the agreement so unfair that it would be unacceptable. Finally, a person cannot renounce the property rights he did not know existed. To invalidate a marital agreement based on impitoness, a spouse must prove the following three things: most people know the term Prenuptial Agreement (also known as Prenups or Premarital Agreements), and your understanding of the term may seem identical to a spousal agreement. If the parties execute an agreement, but no marriage results, the agreement is null and void.

If the agreement was entered into by coercion, threats, inappropriate influence or fraud, the contract can be cancelled and all marital rights are restored. However, this usually requires legal action and legal proceedings. Injustice is not a reason to set aside a pre-marriage contract; The misconduct must have been committed during the procurement. The North Carolina jurisprudence has held that a statement that “I will not marry you unless you sign the pre-marital contract” is not a sufficient threat or constraint to invalidate a marital agreement.