North Carolina: A
Statutes
North Carolina Uniform Premarital Agreement Act
Separate Property
All assets can remain separate property, avoiding costly divorce settlements. Joint assets and debts titled in both names are split 50/50 as marital property.
Unconscionability at Execution Only
Courts review unconscionability only at the time of execution, not at enforcement. Changed circumstances during marriage will not invalidate the prenup if it was reasonable when signed.
Unconscionability Standard
A prenup is unconscionable only if TWO conditions exist: (1) unconscionable when executed AND (2) lack of financial knowledge—meaning no fair disclosure was provided AND no written waiver AND party didn't have adequate knowledge of other's finances. Financial disclosure and waiver are both included in the PerfectPrenup.
Public Assistance Alimony Floor
Alimony can be waived entirely, but if one party is eligible for public assistance (welfare), courts may override the prenup and require only enough support to avoid welfare eligibility.
Timing
No minimum specified, but we recommend signing the prenup at least 30-60 days before the wedding, with both parties having 2-3 weeks to review the final version to minimize challenge risk.
Independent Counsel
Not required, but separate counsel dramatically strengthens enforceability if the agreement is later challenged.
Financial Disclosure v
"Fair and reasonable disclosure" of both parties assets, debts and income required, or can be expressly waived in writing. PerfectPrenup includes both.
Medium Burden to Challenge
Challenging party must prove the prenup is invalid by preponderance of evidence (standard burden, not the higher "clear and convincing" requirement). Courts have described this as a "steep climb" to meet.
Child Support and Custody
Child support and custody clauses are unenforceable and could undermine the entire agreement. Do not include.
Case Law
Howell v. Landry, 96 N.C. App. 516, 386 S.E.2d 610 (1989)
Trial court found prenup signed under duress when husband presented it at 8:00 PM the night before their Las Vegas wedding with ultimatum to sign or wedding cancelled, but Court of Appeals reversed and upheld the agreement, finding the short time interval alone was insufficient to prove duress.
McIntyre v. McIntyre, 190 N.C. App. 406 (2008)
Court held that prenup signed hours before 1986 wedding did not waive equitable distribution rights because it lacked express waiver language and failed to reference property acquired during marriage, allowing wife to proceed with equitable distribution claim for assets accumulated during 13-year marriage.
Kornegay v. Robinson, 360 N.C. 640 (2006)
NC Supreme Court upheld prenup waiving wife's spousal share of husband's estate even though she signed it on wedding day in husband's attorney's office without independent counsel and without reading it, establishing extremely high bar for challenging agreements on voluntariness grounds.
Muchmore v. Trask, 192 N.C. App. 635 (2008)
Court of Appeals enforced California prenup's complete waiver of spousal support under California law despite North Carolina's public policy against such waivers at the time of execution (1986, before NC's 1987 UPAA adoption), applying the law of the state where contract was executed.
Hagler v. Hagler, 319 N.C. 287, 354 S.E.2d 228 (1987)
NC Supreme Court recognized that the very existence of a prenuptial or postnuptial agreement demonstrates the parties' intention to determine property division themselves rather than leave decisions to a court, establishing strong policy favoring enforcement of marital agreements.