Pre-Nuptial Agreements

Pre-nuptial agreements guard your rights when entering a marriage contract. Should the marriage ever end by divorce, marital property can be distributed between husband and wife via equitable distribution. If a pre-nuptial wasn't agreed upon, signed, and notarized prior to marriage, this could result in significant loss to a spouse.

Pre-nuptial agreements establish an open dialogue between the couple regarding what's most important to them in marriage, like finance — one of the biggest reasons marriages end in divorce. While discussing the contents of the prenup, couples resolve financial questions at a time when they are most in love, respecting each other.

Pre-nuptials can affirm mutual love and respect, social responsibility, and a shared commitment to each other in a written contract – and offer a dignified solution should the marriage contract ever be broken.

Rice Law attorneys work with our clients considering marriage in New Hanover, Pender and Brunswick counties, North Carolina to tailor a pre-nuptial agreement for their uniquely personal needs.

Common Questions

• Is a pre-nuptial legally binding?
• How can a pre-nuptial agreement protect me?
• Are pre-nuptial agreements enforceable?

Is a pre-nuptial legally binding?

Pre-Nuptial Agreements that are written, signed by both parties, notarized, and contain certain required elements are considered a legal and binding contract in North Carolina.

Note: Before signing, it is wise to have an attorney review the Pre-Nuptial Agreement. A North Carolina lawyer can advise how to best protect the interests of you and your fiancé, as well as advise of potential problems. Attorneys, such as those at Rice Law, can work with you to create your Pre-Nuptial Agreement.

How can a pre-nuptial agreement protect me?

According to North Carolina law, the Pre-Nuptial Agreement may include contract agreements between the future husband and wife including their rights regarding:

• Making wills, trusts, and other provisions to be carried out
• Modification or elimination of spousal support
• Ownership rights and disposition of death benefits from life insurance policies
• Property acquired by either or both
• How to care for property upon separation, divorce, death, or other event
• Responsibilities for stated property (right to buy, sell, use, lease, mortgage, manage, etc.)
• Choice of law governing the construction of the agreement
• Any other matter (e.g., personal rights\obligations) that isn't in violation of public policy* or statue imposing criminal penalty

*Note: The prenup doesn't generally allow issues that relate to children (e.g., custody, child support) as they are matters that violate public policy.

Are prenuptial agreements enforceable?

If a Pre-Nuptial Agreement is challenged in court, the person requesting the challenge [Plaintiff] must prove the following:

• Their signing of the agreement wasn't voluntarily
• They weren't provided a fair and reasonable disclosure of property or financial obligations prior to signing
• They didn't voluntarily and expressly waive, in writing, any right to disclose all property or financial obligations of the other party
• They didn't have or reasonably couldn't have adequate knowledge of the other's property or financial obligations
• The agreement is unconscionable [unreasonable\misguided]

The above is a generalization of North Carolina Law. Contact an attorney for specific advice.