Nuptials

Many couples make prenuptial and postnuptial agreements in order to protect their assets. Both types of agreements are voluntary and legally binding.

Prenuptial Agreements

In North Carolina, a premarital or prenuptial agreement is defined under the Uniform Premarital Agreement Act as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage” for the disposition of property. "Property means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

All prenuptial agreements must be in writing and signed by both parties. A prenuptial agreement should be completed as far in advance as possible to avoid allegations of no duress, coercion, or undue influence

Parties to a premarital agreement may contract with respect to:

  1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
  2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  4. The modification or elimination of spousal support;
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in and disposition of the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

Unlike a provision for alimony, the parties may not enter into an prenuptial agreement that would affect any payment of child support. Parties should engage an attorney when entering into theses contracts as the issues involved have far reaching effects beyond what one party currently possesses. The property rights involved are complex and need to be tailored to suit the needs of the parties as a prenuptial agreement is able to override existing equitable distribution of assets between the parties.

Postnuptial Agreements

A post-marital or postnuptial agreement is similar to a prenuptial agreement, except that the parties make the agreement after they are married. In North Carolina, there are three critical elements to a postnuptial agreement in order for it to be binding:

  1. It must be in writing,
  2. it cannot be inconsistent with public policy (in other words, such an agreement will not be enforced if it contains provisions that may be detrimental to the public good), and
  3. it must be signed by a certifying officer (a certifying officer is a notary public or a justice, judge, magistrate, clerk, assistant clerk or deputy clerk of the General Court of Justice for North Carolina or the equivalent or corresponding officer of the state or foreign country where the acknowledgment is made).

Postnuptial agreements allow married couples to structure their own settlements, also know as the separation agreement, so they can allocate their property and income as they see fit.

If you or your fiancé(e) are considering a prenuptial agreement or if our spouse presents you with a pre- or postnuptial agreement, consult an attorney. If you would like further information regarding nuptials, or have questions regarding your individual situation, please contact us today to schedule a consultation with one of our experienced Family Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.