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What can you include in a North Carolina prenuptial agreement?

A prenuptial agreement is a legal contract that couples create before marriage to clarify their financial and property rights. Although people often think about it when discussing divorce, a prenuptial agreement actually helps couples plan their finances throughout marriage. It can handle current property rights, future money decisions and personal matters.

While each couple’s needs differ, understanding what you can legally include in the prenup helps you create an agreement that is not only enforceable in North Carolina, but also works for your needs.

It can include rules about property ownership and management

A prenup does more than just say who owns what. It lets couples set clear rules about property rights and management. Here are the key property rights you can put in your agreement:

  • The power to buy, sell or transfer property
  • The right to manage businesses or investments
  • The authority to make real estate decisions
  • The right to use or rent property
  • The power to make decisions about shared assets

Having these rules in place helps prevent future disputes and makes it easier for couples to make important property decisions.

It can include future planning provisions

Prenuptial agreements protect both current assets and address future situations. It lets you and your spouse specify how you will divide property in case of divorce, separation or death.

You can also establish guidelines for financial planning tools like wills, trusts and life insurance policies. A prenup can name who receives life insurance benefits or specify how to handle retirement accounts. You can also address whether one spouse will provide financial support to the other after divorce (known as spousal support or alimony).

There are certain limitations

North Carolina law sets clear limits on what you can include in your prenup. Here are things that courts will not allow:

  • Rules about child support or custody, since these must be based on the child’s best interests at the time of divorce
  • Terms that would encourage divorce
  • Provisions that are unconscionable when signed
  • Rules that violate public policy or criminal laws

You can also include agreements about personal rights and obligations, as long as they don’t violate public policy or criminal law. Both parties must provide full financial disclosure, and the agreement must not be unconscionable when signed.

Getting the details right matters

Work with an attorney who can ensure your agreement follows North Carolina law and protects both parties’ interests.

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