What these agreements do
A prenuptial agreement is signed before the wedding and sets out how property and support would be handled if the marriage ends. A postnuptial agreement does the same job for a couple already married. Either one can protect a business, family assets, or children from a prior relationship, and can take a lot of uncertainty out of the picture later.
What North Carolina law says
North Carolina follows the Uniform Premarital Agreement Act. An agreement generally needs to be in writing and signed by both spouses. It can address property, debts, and spousal support, but it cannot lock in child support or custody ahead of time, because those depend on the child's best interests when the question actually arises.
What makes an agreement hold up
To stand, an agreement should be signed voluntarily, with fair and reasonable financial disclosure on both sides, and it should not be unconscionable. Each spouse having their own attorney makes it stronger still.
How Mr. Bsk can help
Mr. Bsk drafts clear agreements and reviews proposed ones so you know exactly what you are signing. Call 336-222-8330.
Common questions
Are prenuptial agreements enforceable in North Carolina?
Yes, when properly made. North Carolina follows the Uniform Premarital Agreement Act, and an agreement signed voluntarily, with fair disclosure, that is not unconscionable is generally enforceable.
Can a prenup set child custody or support in advance?
No. Child custody and child support are decided by a court based on the child's best interests and cannot be fixed by a premarital agreement.