What these agreements do
A prenuptial agreement, signed before marriage, sets out how assets and support would be handled if the marriage ends. A postnuptial agreement does the same for a couple already married. For business owners and high-net-worth individuals, these agreements can protect a company, family wealth, separate assets, and the interests of children from a prior relationship.
North Carolina law
North Carolina follows the Uniform Premarital Agreement Act for prenuptial agreements, while postnuptial agreements are governed by contract principles. An agreement generally must be in writing and signed by both spouses, and it can address property, debts, and spousal support.
What makes an agreement hold up
Enforceability is where these agreements are won or lost. An agreement is strongest when it is entered voluntarily, supported by fair and full financial disclosure, and not unconscionable, with each spouse represented by their own counsel. Mr. Hogan drafts agreements built to withstand challenge, and also litigates their enforcement and validity when a marriage ends.
Speak with Mr. Hogan
Whether you are planning an agreement or testing one, call 704-992-3330 for a confidential consultation.
Frequently asked questions
Are prenuptial agreements enforceable in North Carolina?
Yes, when properly made. North Carolina follows the Uniform Premarital Agreement Act, and an agreement entered voluntarily, with fair disclosure, that is not unconscionable is generally enforceable.
What is the difference between a prenuptial and postnuptial agreement?
A prenuptial agreement is signed before marriage and a postnuptial agreement during the marriage. Both can address property and spousal support, though they are governed by somewhat different legal rules in North Carolina.
Can a prenup protect my business?
Yes. A properly drafted agreement can define a business as separate property and set how it would be treated if the marriage ends.