What is a prenuptial agreement?
A prenuptial agreement (often referred to as a “prenup”) is a contract between a couple that outlines the division of property and assets if they were to get divorced. The agreement is made prior to the wedding and must be in writing to be legally binding. It sets out how assets and debts will be divided if the couple were to divorce, and can also provide for the protection of certain assets and debts. In North Carolina, prenuptial agreements are used to establish the rights and responsibilities of each spouse in the event of divorce. A prenup can help protect individual property and assets in the event of divorce. It can also outline spousal support payments and any other provisions agreed upon by the couple. Prenuptial agreements are also an opportunity for couples to discuss their finances and expectations before they get married. This can help to avoid confusion or disputes in the event of a divorce. The agreement must be in writing and signed by both parties for it to be legally binding in North Carolina. It can be modified or revoked only by the written agreement of both parties. In addition, all terms of the agreement must be “fair and reasonable” at the time of signing, and must not be unconscionable or violate public policy. The agreement must also be signed by both parties voluntarily with no coercion, threats, or duress. If any of these conditions are not met, the agreement may not be valid.
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