In North Carolina, premarital agreements (also called “Prenuptial agreements” or “Pre-union agreements”) are governed by the Uniform Premarital Agreement Act found in Chapter 52B of the North Carolina General Statutes. A premarital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
Premarital agreements must be in writing and signed by both parties. You and your prospective spouse may contract with respect to any rights you may have in the property of the other, how your property will be distributed in the event you separate, whether you or spouse will be entitled to receive alimony, and any other matter that is not in violation of public policy.
If you are thinking about getting married, you may need to decide whether a premarital agreement is right for you. If you and your partner are planning to enter into a cohabitation living arrangement, you may want to consider a pre-union agreement.
In a pre-union agreement, the parties outline what assets they want to consider separate property and what assets they want to consider joint property. Pre-union agreements can also outline how income will be handled between the parties.
The experienced lawyers at Gailor Hunt Jenkins Davis Taylor & Gibbs, PLLC can assist you in making an informed decision and covering the issues that are important to you. These issues can include how to protect pre-marital assets or how income will be handled between the parties.