Planning a wedding in North Carolina? Congratulations! Before saying, “I do,” don’t forget to add “Get a prenup” to your wedding to-do list. But you may be wondering where to even start with prenups and, most importantly, whether they are enforceable. From “How soon before the wedding do I need to create one?” to “What are the legal requirements?” Let’s get into everything you need to know about prenuptial agreements in North Carolina (and whether or not they’re enforceable). Keep reading!
Are prenuptial agreements enforceable in North Carolina?
Yes, yes, and yes! Prenup agreements in North Carolina are specifically governed by the statutes laid out in N.C. Gen. Stat. §§ 52B-1–52B-11. These laws tell us how to create, enforce, and amend North Carolina prenups. The misconception that prenups are not enforceable likely comes from the fact that it is possible for a prenup to be deemed unenforceable if it doesn’t follow the laws laid out by North Carolina law. For instance, if you don’t provide fair and reasonable financial disclosure in your North Carolina prenup, it could be at risk. But don’t worry—following the laws is easy. Let’s discuss what you need to know about creating an enforceable agreement.
How to create an enforceable North Carolina prenup agreement
So, now that you know prenuptial agreements are enforceable in North Carolina let’s talk about how to create one. Here are the legal requirements for an enforceable agreement:
- Put the contract in writing
- Make sure both parties sign it
- Make sure both parties provide one another with financial disclosure (sharing values of income, assets, debt, and future inheritances)
- Make sure both parties enter into the agreement voluntarily and not under duress/coercion
- Make sure the agreement is reasonable and not overly one-sided or unfair
- Make sure to avoid terms against public policy, such as clauses about child support
Following all of the above laws in North Carolina can increase your chances of having an enforceable prenuptial agreement. And, remember, North Carolina policy favors prenuptial agreements as long as they are created legally.
What are the enforceable clauses in North Carolina?
We mentioned earlier that you should only include enforceable clauses in your North Carolina prenuptial agreement, but what clauses does that include? Here are the types of provisions considered legal in North Carolina, according to N.C. Gen. Stat. § 52B-4:
- Property ownership and division, including inheritances, businesses, real estate, bank accounts, retirement funds, and more
- Modification or elimination of alimony
- Certain clauses regarding estate planning
- Clauses about life insurance policies
- Choice of law clauses
- Any other clauses that affect personal rights and obligations but don’t violate any other laws or policy
As you can see, basically anything that is financial in nature and not against any laws or policies should be enforceable in a North Carolina prenuptial agreement.
What are clauses are unenforceable in North Carolina?
While there is a broad range of clauses you can include in your North Carolina prenup, there are some clauses to avoid. Here’s what clauses NOT to include in your agreement:
- Clauses regarding child support
- Clauses regarding child custody
- Clauses regarding visitation of children
- Clauses requiring a person to commit an illegal act
- Clauses that waive alimony, leaving a person to require public assistance
- Clauses that incentivize divorce
The above clauses may not go into your NC prenup because the state deems them against the state’s policy. For instance, child support and custody matters are not allowed in prenups because those should be determined by the best interest of the child—not a contract between the parents.
Do I need a lawyer for a North Carolina prenuptial agreement to be enforceable?
No, a prenuptial agreement in North Carolina does not require legal representation to be considered valid and enforceable. According to North Carolina’s Premarital Agreement Act (N.C. Gen. Stat. §§ 52B-1), a valid and enforceable prenup must include signatures, proper financial disclosure, be voluntarily, and conscionable.
In addition, courts in North Carolina have upheld prenuptial agreements where one party was not represented by counsel. In Kornegay v. Robinson, the Supreme Court of North Carolina held that a wife’s failure to read a prenuptial agreement and her belief that it was unfair could not establish that the agreement was unenforceable. In other words, while having a lawyer could help prevent such claims by ensuring that the parties understand the agreement, it’s not required in North Carolina.
Hiring an attorney for your prenup is always a good idea to help answer any legal questions, tailor your agreement to your specific needs, and give you the peace of mind that your agreement is legally sound.
What to know about financial disclosure in North Carolina
Financial disclosure for a North Carolina prenuptial agreement means sharing the full values of your income, assets, debt, and future inheritances. You cannot omit or hide any information; otherwise, your agreement could end up in the trash.
Why is this a requirement? It allows each party to enter into the agreement informed and educated on what they are agreeing to or giving up. For example, if one party has a million dollars in debt, the other party will want to know that so they can understand whether or not they want to share debt or keep debt separate in the agreement.
The bottom line is that prenuptial agreements are enforceable in North Carolina
Prenuptial agreements are enforceable in North Carolina. Just make sure you follow the laws laid out by the state legislature and courts, and you’re on your way to a legally binding agreement. The requirements include putting it in writing, signing it, providing proper financial disclosure, entering into the agreement voluntarily, and making sure it’s not unconscionable. And, no, you do not need an attorney, but hiring one can help boost the enforceability of the agreement. So, as you can see, getting a prenup in NC is easy peasy! Go ahead and get your prenup journey started—your future self will thank you!
Kelsey Connelly has a diverse legal background. She has managed foreclosure-related litigation for financial servicing corporations, led litigation for family law matters in private practice and handled transactional deals and title reviews in residential real estate. With years of litigation experience, Mrs. Connelly represents clients in court and settlement negotiations from the beginning of the case to its resolution.Mrs. Connelly graduated from the University of North Carolina at Charlotte with a degree in Psychology. She then earned her law degree from Charlotte School of Law.Mrs. Connelly enjoys spending time with her family, traveling to new places, and teaching Pure Barre as a certified instructor in her free time.
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