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North Carolina Revocation of Premarital or Prenuptial Agreement

North Carolina Revocation of Premarital or Prenuptial Agreement

Category:

Family Law - Marriage - Property Agreements - Prenuptial Premarital

State:

North Carolina

Control #:

NC-00590-E

Format:

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Description

A husband and wife may use this form to revoke an existing premarital agreement. The agreement is also binding on their executors, administrators, legal representatives, successors, and assigns.

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FAQ

Find an attorney. consult with the attorney. potentially negotiate the terms of the agreement. make all modifications as needed (some attorneys are pretty busy!) arrange to sign the agreement in front of witnesses and a notary. get back to the business of getting married!

As long as you and your spouse agree, your prenuptial agreement can be changed. To create an amendment to a prenup, you can either add to the original contract or sign a separate contract that modifies the terms of the initial agreement.If not a new contract will have to draw up.

Prenuptial agreements are generally legally binding. This means that if the agreement is signed by both parties, unless both parties mutually agree in writing that the agreement will no longer be binding, it remains binding on both parties.

For some couples, a prenuptial agreement may be something both parties want to void after a certain period of time. Signed consent by both parties allows cancellation if this is the case. Most contracts will contain a cancellation provision within the agreement itself.

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Revocation of Premarital or Prenuptial Agreement

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.

Revocation of Premarital or Prenuptial Agreement

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.

North Carolina Revocation of Premarital or Prenuptial Agreement

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out North Carolina Revocation Of Premarital Or Prenuptial Agreement?

Form popularity

FAQ

How do you invalidate a prenuptial agreement?

Can a prenup be amended?

Are prenuptial agreements legally binding?

Can a prenup be voided after marriage?

Explore more forms

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

North Carolina Revocation of Premarital or Prenuptial Agreement

This form is part of a form package!

Description

Related forms

Related legal definitions

Viewed forms

How to fill out North Carolina Revocation Of Premarital Or Prenuptial Agreement?

Form popularity

FAQ

How do you invalidate a prenuptial agreement?

Can a prenup be amended?

Are prenuptial agreements legally binding?

Can a prenup be voided after marriage?

North Carolina Revocation of Premarital or Prenuptial Agreement Related Searches

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