What these agreements do
A prenuptial agreement is signed before marriage and sets out how property and support would be handled if the marriage ends. A postnuptial agreement does the same after a couple is already married. Both can protect a business, family assets, or children from a prior relationship, and can reduce conflict later.
North Carolina law
North Carolina has adopted the Uniform Premarital Agreement Act. An agreement generally must be in writing and signed by both spouses. It can address property, debts, and spousal support, but it cannot decide child support or custody in advance, since those are based on the child's best interests at the time.
What makes an agreement enforceable
To hold up, an agreement should be entered voluntarily, with fair and reasonable financial disclosure, and it should not be unconscionable. Having each spouse advised by their own attorney strengthens it.
How Mr. Bet helps
Mr. Bet drafts clear agreements and reviews proposed ones so you understand exactly what you are signing. Call 336-786-9900.
Common questions
Are prenuptial agreements enforceable in North Carolina?
Yes, when properly made. North Carolina follows the Uniform Premarital Agreement Act, and an agreement entered voluntarily, with fair disclosure, and that is not unconscionable is generally enforceable.
Can a prenup decide child custody or support?
No. Child custody and child support are decided by the court based on the child's best interests and cannot be set in advance by a premarital agreement.