North Carolina Prenuptial Agreement Statute

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Parties to a marriage agreement can deal: Our National and Family Lawyers Lawyers from the law firm Twiford are here to assist in cases related to premarital agreements in North Carolina as well as the full range of family law issues. With offices in Elizabeth City and Moyock, we support clients in Northeast North Carolina, including the Outer Banks. Contact us today at 252-338-4151 or 252-435-2811 to agree on a first consultation. While it may seem to have a clumsy conversation with your future husband or wife, it may indeed be a good idea to know how your fortune should be shared in the event of divorce or death. Despite what most people believe, marriages are becoming more common at all ages and at all income levels. Marital agreements can cover different topics, not just what happens in the event of a divorce. North Carolina law dictates what can and cannot be included in the agreement. If the parties execute an agreement, but no marriage results, the agreement is null and void. If the agreement was entered into by coercion, threats, inappropriate influence or fraud, the contract can be cancelled and all marital rights are restored.

However, this usually requires legal action and legal proceedings. Injustice is not a reason to set aside a pre-marriage contract; The misconduct must have been committed during the procurement. The North Carolina jurisprudence has held that a statement that “I will not marry you unless you sign the pre-marital contract” is not a sufficient threat or constraint to invalidate a marital agreement. Similarly, the non-reading of the contract or the non-review of the agreement by a lawyer before signing are not a reason to cancel it. Yes, for example. B, one spouse intends to work while the other attends a medical school and a medical residence, the marriage agreement may provide that the spouse who has worked will receive a certain amount of assistance in the event of divorce from the parties after the “student” becomes a medical practitioner. A marriage agreement, or “Prenup,” is a contract that two people sign before they are married, which regulates rights and duties during marriage and in the event of separation, death or divorce. Family allowances and children`s rights cannot be affected by a pre-marriage agreement in North Carolina.