Free North Carolina Prenuptial Agreement Template

A North Carolina prenuptial agreement is an agreement between prospective spouses, made in contemplation of marriage, that takes effect on marriage. Chapter 52B of the General Statutes governs these agreements and applies to those signed on or after July 1, 1987.

The chapter is the state’s version of the Uniform Premarital Agreement Act, and it covers form, content, and enforcement.

Written and Signed

G.S. 52B-3 requires a writing signed by both partners. It binds them without consideration.

What It Can Cover

Under G.S. 52B-4, partners may address property rights, management, and division, spousal support, estate arrangements, life insurance, and choice of law. However, no term may adversely affect a child’s right to support.

Life Insurance Conflicts

When the legislature adopted the Act in 1987, it directed a special comment for § 52B-4. If a prenup and a life insurance policy conflict over the death benefit, the policy controls how the insurer pays. Even so, the prenup still governs the partners’ rights between themselves.

The Challenge Test

Under G.S. 52B-7(a), the partner resisting enforcement can prove involuntary signing. Otherwise, they need unconscionability at signing. They must also lack fair disclosure, a written disclosure waiver, and adequate knowledge of the other’s finances.

After the wedding, G.S. 52B-6 allows changes or revocation only through a written agreement both spouses sign.

Yes, with a safeguard. G.S. 52B-4 lets partners modify or eliminate spousal support.

However, G.S. 52B-7(b) creates an exception. A court may order support anyway if the waiver would leave a spouse eligible for public assistance at separation or divorce. North Carolina adds conditions first. The court must find that the spouse is a dependent spouse under G.S. 50-16.1A. It must also find that the requirements for postseparation support under G.S. 50-16.2A or alimony under G.S. 50-16.3A are met.

So the public-assistance exception in a North Carolina prenuptial agreement case applies only when the court can make those findings. Older guides may cite earlier section numbers, so check any source against the current statute.

1. Share full financial information. Any waiver of further disclosure should be in writing.
2. Decide on support terms. Consider the public-assistance safeguard.
3. Review life insurance policies. Update beneficiaries so they match the agreement.
4. Sign ahead of the ceremony. Both partners put their signatures on the finished document.
5. Keep the agreement with your policies. Store copies with insurance and estate records.

A North Carolina prenuptial agreement typically covers:

• Separate and shared property
• Spousal support, including any waiver
• Life insurance death benefit arrangements
• Wills or trusts that carry out the agreement
• A choice-of-law clause
• Both partners’ signatures