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Premarital Agreements

The family law attorney at familylawyernc.com can help you with your premarital agreement.

A premarital agreement must be in writing and signed by both parties. [G.S. 52B-3.]

A premarital agreement does not have to be acknowledged. G.S. 52B-3

G.S. § 52B-4(a) list the scope of what the parties CAN agree 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.

G.S. § 52B-4(b) specifically says that the parties CANNOT agree to:

The right of a child to support may not be adversely affected by a premarital agreement.

A premarital agreement may be amended or revoked after marriage only by a written agreement signed by the parties. G.S. 52B-6; Huntley v. Huntley, 140 N.C. App. 749, 538 S.E.2d 239 (2000).

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