Prenuptial agreements are binding contracts if they are executed in good faith. However, North Carolina provides for invalidating the agreement if you did not execute the prenuptial agreement voluntarily or if the agreement was “unconscionable,” or essentially unfair, when it was executed.
Not executing the prenuptial agreement voluntarily can include issues such as being coerced, hurried, pressured or threatened into signing the contract – for example, did your spouse hand you with a surprise prenuptial contract on the day before your wedding? Whether the agreement is unconscionable is decided by a judge who will look at number of factors to determine if unfairness exists – for example, did one spouse hide assets or withhold crucial information from the other.