Prenuptial Agreements
Planning together is a sign of clarity, not doubt.
A prenuptial agreement is a contract a couple signs before marriage that sets out how certain financial matters would be handled during the marriage and, if it ever ends, at its end.
Couples choose one for many reasons: a business one partner owns, family property, children from an earlier relationship, or simply a wish to be open about money from the start.
Handled well, the conversation is an act of honesty between two people planning a life together. It is not a prediction that the marriage will fail.
Illustrative stock photograph.
Questions worth considering
- 01
What the law requires
North Carolina's Uniform Premarital Agreement Act requires the agreement to be in writing and signed by both people. It does not need payment or any exchange to be valid, and it takes effect when the couple marries. After the wedding it can be changed or ended only by a signed written agreement.
- 02
What it can cover
Agreements commonly address property rights, debts and how assets acquired during the marriage will be treated, and can address support. There are limits, for example on terms about a child's support, so an agreement that overreaches can be challenged.
- 03
Why disclosure and voluntariness matter
A court will not enforce an agreement that one person did not sign voluntarily. It also will not enforce one that was unconscionable when signed if that person was not given fair disclosure of the other's finances and did not waive disclosure in writing. Honest information and unhurried timing protect the agreement.
- 04
Separate advice
Each person is better protected with their own lawyer. One attorney cannot properly advise both people on a contract between them.
How we may assist
We help couples decide what they want an agreement to do, in plain language, before any drafting begins.
We prepare agreements that reflect each person's circumstances and meet the written and signed requirements of North Carolina law.
We encourage each person to take independent legal advice, and we explain why that protects both of them.
We keep the process calm and structured, because the quality of the conversation shapes the quality of the document.
Common questions
Often, yes. A written agreement signed by both people is generally enforceable, unless the person challenging it shows it was not signed voluntarily, or that it was unconscionable and they were not given fair disclosure of the other's finances. Following a careful process is the best protection.
No. Many couples find it an ordinary planning step, like making a will. It prompts useful conversations about money, expectations and family obligations before those topics become stressful.
After the marriage, an agreement can be changed or revoked by a written agreement that both people sign. Review points built into the agreement can help it keep pace with your lives.
Related practice areas
Talk it through when you are ready.
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