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The NC statutes below describe how the
Uniform Premarital Agreement Act (UPAA) is
applied to prenuptial agreements in North
Carolina. For the most recent changes
to this and other NC laws, please go to the
NC General Assembly website.
52B‑1. Short title.
This Chapter may be cited as the "Uniform Premarital
Agreement Act". (1987, c. 473, s. 1.)
52B‑2. 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‑3. Formalities.
A premarital agreement must be in writing and
signed by both parties. It is enforceable
without consideration. (1987, c. 473, s. 1.)
52B‑4. 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 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‑5. Effect of marriage.
A premarital agreement becomes effective upon
marriage. (1987, c. 473, s. 1.)
52B‑6. 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‑7. 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‑8. 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‑9. 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‑10. 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‑11. 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.)
The staff at Haas McNeil & Associates, P.A.
continuously review and update this website
to ensure the information provided is accurate.
However, we cannot guarantee that the statutes
have not been amended or repealed by the current
sessions of the North Carolina General Assembly.
For the most current version of North Carolina
General Statutes please visit the North Carolina
General Assembly website at
http://www.ncga.state.nc.us
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P.A. will be happy to assist you through the
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