A prenuptial agreement is a contract between two individuals who plan to marry – which they sign prior to their marriage. It can contain a variety of issues relating to marital matters in the event the couple separates, divorces or a spouse dies. The agreement becomes effective at the time the couple marry.
Issues generally covered in a prenuptial agreement are details about property division, alimony or waiver of alimony, responsibilities and rights of the spouses and other factors. In North Carolina, the agreement cannot cover issues relating to child custody or child support.
To be valid, the prenuptial agreement must be a written document and must be signed by both individuals. Notarizing the agreement is wise. An extra measure can be taken to make your prenuptial agreement valid against third party creditors by filing it with the Register of Deeds.
The agreement can be amended or even revoked at a later date prior to separation, divorce or death of a spouse if both individuals sign the amendment or revocation.