North Carolina
Uniform Premarital Agreement Act
§ 52B-2. Definitions
As used in this Chapter:
(1) "Premarital agreement" means an
agreement between prospective spouses made in
contemplation of marriage and to be effective upon
marriage.
(2) "Property" means an interest, present or
future, legal or equitable, vested or contingent, in
real or personal property, including income and
earnings.
§ 52B-3. Formalities
A premarital agreement must be in writing and signed
by both parties. It is enforceable without
consideration.
§ 52B-4. Content
(a) 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.
(b) The right of a child to support may not be
adversely affected by a premarital agreement.
§ 52B-5. Effect of marriage
A premarital agreement becomes effective upon
marriage.
§ 52B-6. Amendment, revocation
After marriage, a premarital agreement may be amended
or revoked only by a written agreement signed by the
parties. The amended agreement or the revocation is
enforceable without consideration.
§ 52B-7. Enforcement
(a) A premarital agreement is not enforceable if the
party against whom enforcement is sought proves that:
(1) That party did not execute the agreement
voluntarily; or
(2) The agreement was unconscionable when it was
executed and, before execution of the agreement, that
party:
a. Was not provided a fair and reasonable disclosure
of the property or financial obligations of the other
party;
b. Did not voluntarily and expressly waive, in
writing, any right to disclosure of the property or
financial obligations of the other party beyond the
disclosure provided; and
c. Did not have, or reasonably could not have had, an
adequate knowledge of the property or financial
obligations of the other party.
(b) If a provision of a premarital agreement modifies
or eliminates spousal support and that modification or
elimination causes one party to the agreement to be
eligible for support under a program of public
assistance at the time of separation or marital
dissolution, a court, notwithstanding the terms of the
agreement, may require the other party to provide
support to the extent necessary to avoid that
eligibility. Before the court orders support under
this subsection, the court must find that the party
for whom support is ordered is a dependent spouse, as
defined by G.S. 50-16.1A, and that the requirements of
G.S. 50-16.2A regarding postseparation support or G.S.
50-16.3A regarding alimony have been met.
(c) An issue of unconscionability of a premarital
agreement shall be decided by the court as a matter of
law.
§ 52B-8. Enforcement: void marriage
If a marriage is determined to be void, an agreement
that would otherwise have been a premarital agreement
is enforceable only to the extent necessary to avoid
an inequitable result.
§ 52B-9. Limitation of actions
Any statute of limitations applicable to an action
asserting a claim for relief under a premarital
agreement is tolled during the marriage of the parties
to the agreement. However, equitable defenses limiting
the time for enforcement, including laches and
estoppel, are available to either party.
§ 52B-10. Application and construction
The Uniform Premarital Agreement Act shall be applied
and construed to effectuate its general purpose to
make uniform among the states enacting it, the law on
premarital agreements.
§ 52B-11. Severability
If any provision of this Chapter or its application to
any person or circumstance is held invalid, the
invalidity does not affect other provisions or
applications of the Chapter which can be given effect
without the invalid provision or application, and to
this end the provisions of this act are severable.
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