What a Prenuptial Agreement Does in North Carolina
A prenuptial agreement — also called a premarital agreement or prenup — is a contract signed before marriage that sets out how your financial life will work during the marriage and what happens if it ends. When drafted properly, it is enforceable and can protect both spouses.
WHAT IT COVERS
What a Prenup Can — and Cannot — Do
A good prenuptial agreement forces a financial conversation every couple should have anyway — and provides protection in situations where the law's default rules do not fit your lives.
What a Prenup Can Do
Define separate property, protect a family business, waive or limit alimony, address debt, financially protect children from a prior relationship, and set expectations for finances during the marriage. A prenup is tailored to each individual couple and can be as narrow or comprehensive as you need.
What a Prenup Cannot Do
Child custody and child support cannot be predetermined — courts decide these at the time of divorce based on the best interest of the child. Anything illegal, unconscionable, or signed under duress will not hold up either.
WHAT MAKES IT ENFORCEABLE
What Makes a Prenup Enforceable in North Carolina
The biggest enforceability risk is a prenuptial agreement signed without a full financial disclosure of assets. We build the process for enforceability from day one.
Must be in writing and signed by both parties
Both parties received full and fair disclosure of assets and debts
Both parties signed voluntarily — not under duress or coercion
Both parties had the opportunity to consult independent legal counsel
How We Work
How We Handle Prenuptial Agreements at Smith Cash Family Law
Protect both of you before the wedding.
Contact us for a confidential conversation so we can help you understand your options. No commitment, just clear guidance so you can decide what is right.
Faq
Your prenuptial agreement questions, answered honestly.
Do both spouses need their own lawyers?
No. Each party must have the opportunity to consult with counsel, but prenups are still enforceable if one party chooses to negotiate on their own.
How far in advance of the wedding should we sign?
Can we modify a prenup after we are married?
What if my fiancé refuses to sign?