Family Law Statutes
Uniform Premarital Agreement Act.
§ 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:
- "Premarital agreement" means an agreement
between prospective spouses made in contemplation of marriage
and to be effective upon marriage.
- "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,
§ 52B-4. Content.
- Parties to a premarital agreement may contract with
(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
(3) The disposition of property upon separation, marital
dissolution, death, or the occurrence or nonoccurrence of any
(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
(8) Any other matter, including their personal rights and
obligations, not in violation of public policy or a statute
imposing a criminal penalty.
- 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 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:
- Was not provided a fair and reasonable disclosure of the
property or financial obligations of the other party;
- 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
- Did not have, or reasonably could not have had, an adequate
knowledge of the property or financial obligations of the other
- 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.
- 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.
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