N.C. Gen. Stat. § 52B-1
Short title
Short title. This Chapter may be cited as the "Uniform Premarital Agreement Act". (1987, c. 473, s. 1.)
North Carolina General Statutes Chapter 52B — Chapter 52B.
North Carolina · statute · N.C. Gen. Stat. ch. 52B · 11 active provisions
N.C. Gen. Stat. § 52B-2
Definitions
Definitions. As used in this Chapter: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including inco…
N.C. Gen. Stat. § 52B-3
Formalities
Formalities. A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. (1987, c. 473, s. 1.)
N.C. Gen. Stat. § 52B-4
Content
Content. (a) Parties to a premarital agreement may contract with respect to: (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, cre…
N.C. Gen. Stat. § 52B-5
Effect of marriage
Effect of marriage. A premarital agreement becomes effective upon marriage. (1987, c. 473, s. 1.)
N.C. Gen. Stat. § 52B-6
Amendment, revocation
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.)
N.C. Gen. Stat. § 52B-7
Enforcement
Enforcement. (a) 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: a. Was not provided a fair an…
N.C. Gen. Stat. § 52B-8
Enforcement: void marriage
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.)
N.C. Gen. Stat. § 52B-9
Limitation of actions
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.…
N.C. Gen. Stat. § 52B-10
Application and construction
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.)
N.C. Gen. Stat. § 52B-11
Severability
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…