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North Carolina Acuerdo prematrimonial prenupcial de Carolina del Norte...

Wilmington North Carolina Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros - North Carolina Prenuptial Premarital Agreement without Financial Statements

Name: Wilmington North Carolina Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros
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Category:

Matrimonio - Acuerdos de propiedad - Prenupcial Prematrimonial - Alaska

State:

North Carolina

City:

Wilmington

Control #:

NC-00590-B

Format:

Instant download

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Description

Acuerdo sin estados financieros.

Wilmington North Carolina Prenuptial Premarital Agreement without Financial Statements is a legally binding contract entered into by individuals before entering into marriage or a civil partnership. This agreement outlines the rights and responsibilities of each party in the event of a divorce, separation, or death. This type of premarital agreement is specifically tailored for couples who wish to protect their personal assets and financial interests without disclosing specific financial details in the agreement. The absence of financial statements means that specific monetary figures and assets are not disclosed within the contract and remain private. The key purpose of a Wilmington North Carolina Prenuptial Premarital Agreement without Financial Statements is to clearly define the division of assets, debts, and property acquired during the marriage, while also addressing spousal support, property rights, and inheritance matters. This agreement helps to safeguard each party's individual assets and prevent potential disputes or unfair settlements in the future. Various types of Wilmington North Carolina Prenuptial Premarital Agreement without Financial Statements may include: 1. Standard Prenuptial Agreement: This is the most common type of agreement that covers the general terms and conditions of asset division, spousal support, and property rights in case of a divorce or separation. It provides a comprehensive outline of the rights and obligations of each party. 2. Limited Scope Prenuptial Agreement: This type of agreement only addresses specific assets or debts that need protection. It focuses on certain financial aspects, such as a family business or an inheritance. 3. Lifestyle Clauses Agreement: In some cases, couples may include lifestyle clauses in their prenuptial agreement without financial statements. These clauses may cover issues related to fidelity, household responsibilities, and the upbringing of children. 4. Sunset Clause Agreement: A sunset clause specifies a predetermined time frame after which the prenuptial agreement will cease to be valid. Couples may include this clause to reassess and potentially renegotiate the terms of the agreement after a certain number of years of marriage. 5. Postnuptial Agreement: While not specifically a prenuptial agreement, this type of contract is entered into after marriage. It serves a similar purpose to a prenuptial agreement and outlines the division of assets, debts, and property, along with other legal considerations, in case of divorce or separation. Overall, a Wilmington North Carolina Prenuptial Premarital Agreement without Financial Statements is a valuable legal tool that offers protection and clarity to couples entering into marriage by defining their individual and shared financial rights and responsibilities. It is recommended to consult with an experienced family law attorney to create an agreement that aligns with your specific needs and circumstances.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.

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Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros

Sometimes there are areas of law about which Uniform Acts are written and adopted by the various states. Premarital Agreements is such as area of law. The NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS adopted the final version of the Uniform Premarital Agreement Act in 1983. Since that date, the act, as modified by the various states, has been adopted in the following states: Arizona, Arkansas, California, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Montana, Nebraska, Nevada, New Jersey, New Mexico, North Carolina, North Dakota, Oregon, Rhode Island, South Dakota, Texas, Utah and Virginia. At the heart of the act is the provision which provides that such an agreement is generally valid if in writing and sets forth the factors to consider if the agreement is challenged.

North Carolina Statutes

Short title: This Chapter may be cited as the "Uniform Premarital Agreement Act". (1987, c. 473, s. 1.) 52B-1.

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. (1987, c. 473, s. 1.) 52B-2.

Formalities:

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

(1987, c. 473, s. 1.) 52B-3.

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 of the 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. (1987, c. 473, s. 1.) 52B-4.

Effect of marriage:

A premarital agreement becomes effective upon marriage. (1987, c. 473, s. 1.) 52B-5.

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. (1987, c. 473, s. 1.) 52B-6.

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. (1987, c. 473, s. 1; 1995, c. 319, s. 11; 1997-456, s. 27.)52B-7.

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. (1987, c. 473, s. 1.) 52B-8.

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. (1987, c. 473, s. 1.) 52B-9.

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. (1987, c. 473, s. 1.) 52B-10.

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. (1987, c. 473, s. 1.) 52B-11.

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidlines

Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros

North Carolina Statutes

Short title: This Chapter may be cited as the "Uniform Premarital Agreement Act". (1987, c. 473, s. 1.) 52B-1.

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. (1987, c. 473, s. 1.) 52B-2.

Formalities:

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.

(1987, c. 473, s. 1.) 52B-3.

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 of the 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. (1987, c. 473, s. 1.) 52B-4.

Effect of marriage:

A premarital agreement becomes effective upon marriage. (1987, c. 473, s. 1.) 52B-5.

Amendment, revocation:

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.

(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. (1987, c. 473, s. 1; 1995, c. 319, s. 11; 1997-456, s. 27.)52B-7.

Enforcement: void marriage:

Limitation of actions:

Application and construction:

Severability:

Advantages of premarital agreements for both parties:

Avoiding Litigation Costs

Protecting against Fears of Family Members

Protecting Family Assets

Protecting Business Assets

Protection Against Creditors

Child Custody and Support Guidlines

Predetermined Disposition of Property

To order the form, close this window and click the order icon.

Disclaimer: This law summary is not legal advice. If you are not an attorney, you should consult an attorney about serious legal matters.

Wilmington North Carolina Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros - North Carolina Prenuptial Premarital Agreement without Financial Statements

Description

Related forms

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How to fill out Wilmington North Carolina Acuerdo Prematrimonial Prenupcial De Carolina Del Norte Sin Estados Financieros?

Form popularity

Interesting Questions

What is a prenuptial or premarital agreement?

Is a prenuptial agreement necessary?

Can a prenuptial agreement address more than just financial matters?

Is it possible to change or modify a prenuptial agreement after marriage?

Are prenuptial agreements only for wealthy individuals?

Do both partners need their own lawyer when creating a prenuptial agreement?

More info

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Wilmington North Carolina Acuerdo prematrimonial prenupcial de Carolina del Norte sin estados financieros - North Carolina Prenuptial Premarital Agreement without Financial Statements

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Wilmington North Carolina Acuerdo Prematrimonial Prenupcial De Carolina Del Norte Sin Estados Financieros?

Form popularity

Interesting Questions

What is a prenuptial or premarital agreement?

Is a prenuptial agreement necessary?

Can a prenuptial agreement address more than just financial matters?

Is it possible to change or modify a prenuptial agreement after marriage?

Are prenuptial agreements only for wealthy individuals?

Do both partners need their own lawyer when creating a prenuptial agreement?

More info

Trusted and secure by over 3 million people of the world’s leading companies