Prenuptial & Postnuptial Agreements in North Carolina

Planning for the possibility that a marriage might end isn’t romantic, but it is practical. Prenuptial and postnuptial agreements allow couples to make decisions about property, support, and other financial matters when they’re thinking clearly and working together, rather than during the conflict and emotion of separation. At Kelly Thompson Family Law, we help couples create agreements that protect both parties’ interests while respecting the relationship they’re building or maintaining.

These agreements aren’t just for wealthy people or those entering marriage with suspicion. They’re tools for anyone who wants clarity about financial expectations, protection for assets or businesses, or simply peace of mind about how certain matters would be handled if the marriage doesn’t work out.

Understanding Prenuptial Agreements

A prenuptial agreement, or prenup, is a contract created before marriage that addresses what happens to property and finances if the marriage ends in divorce or death. North Carolina law allows couples to make many decisions in advance rather than leaving everything to the court’s determination later.

Prenups can address how property will be divided if you divorce. You can agree that certain assets will remain separate property, that marital property will be divided in a specific way, or that particular items hold special significance for one spouse and should remain with them. You can address whether either spouse will pay or receive alimony, including the amount and duration, or you can agree to waive alimony entirely.

These agreements can also clarify financial responsibilities during marriage. Who will pay which bills? How will you handle joint accounts? What happens if one spouse takes on debt? While couples don’t always include these provisions, they can reduce conflict about money during the marriage, not just after it ends.

What prenups cannot do is make decisions about child custody or child support. North Carolina courts retain authority to determine what’s in a child’s best interests, and parents cannot contract away their children’s rights to support. Any provisions about children in a prenuptial agreement are unenforceable.

When Prenups Make Sense

Several situations make prenuptial agreements particularly valuable. If you’re entering marriage with significant assets, a business, real estate, or substantial retirement accounts, a prenup protects what you’ve built before the marriage. Without an agreement, those assets might become partially marital property subject to division.

If you’ve been married before, especially if you have children from that relationship, a prenup ensures assets intended for your children remain protected. You can specify that certain property will pass to your children rather than being subject to division in a divorce or distributed to your new spouse if you die.

Business owners benefit from prenups that keep business interests separate. Without protection, your spouse might be entitled to a portion of business value accumulated during the marriage, potentially forcing business sales or complicated valuations during divorce. A prenup can specify that the business remains entirely separate.

Significant income disparities between spouses also warrant prenuptial discussions. If one person earns substantially more or expects to inherit wealth, a prenup provides clarity about expectations and protections. Similarly, if one spouse is taking time away from career advancement to support the other’s education or career, or to raise children, a prenup can address how that sacrifice is recognized financially.

Some people simply want to avoid uncertainty. Rather than wondering how North Carolina’s equitable distribution laws would apply to their specific situation, they prefer to make those decisions themselves while they’re cooperative and thinking clearly.

Postnuptial Agreements

Postnuptial agreements, or postnups, serve similar purposes as prenups but are created after marriage. Couples might seek postnuptial agreements for several reasons. Perhaps they didn’t create a prenup before marriage but now recognize they need one. Maybe circumstances have changed since marriage, such as one spouse receiving an inheritance, starting a business, or experiencing significant income changes.

Sometimes postnups are part of reconciliation after infidelity or other serious marital problems. One spouse might agree to certain financial terms as part of rebuilding trust and working to save the marriage. While these agreements can serve this purpose, they require careful drafting to ensure they’re enforceable and truly protect both parties’ interests.

Postnuptial agreements face slightly more scrutiny than prenuptial agreements because spouses owe each other heightened duties of trust and fair dealing once married. Courts look carefully at whether both spouses entered the agreement voluntarily, with full information, and without undue pressure. However, properly drafted and executed postnups are enforceable in North Carolina.

Creating an Enforceable Agreement

For a prenuptial or postnuptial agreement to be enforceable, both parties must enter it voluntarily without coercion or duress. Presenting a prenup the night before the wedding creates questions about whether the other party truly had a choice. These agreements need time for consideration, review with independent counsel, and genuine opportunity to negotiate terms.

Full financial disclosure is essential. Both parties must provide complete, accurate information about their assets, debts, income, and financial circumstances. Hiding assets or providing false information makes agreements unenforceable. We ensure our clients provide thorough financial disclosure and understand what the other party has disclosed.

Both parties should have independent legal representation. While not absolutely required in all circumstances, having separate attorneys dramatically improves enforceability. Each person needs counsel who represents only their interests and can advise them whether the agreement is fair and whether they should sign it. When both parties have attorneys, it’s much harder to later claim the agreement was unfair or that they didn’t understand what they were signing.

The agreement itself must be fair at the time it’s created. North Carolina courts won’t enforce agreements that are unconscionably one-sided. If the terms heavily favor one party and leave the other with almost nothing despite contributions to the marriage, a court might refuse to enforce it. Fairness doesn’t mean equality in all cases, but it does mean both parties receive something reasonable given their circumstances.

The agreement must be in writing and signed by both parties. Oral agreements about how you’ll handle property or support aren’t enforceable. The written document needs clear, specific terms that leave no room for misinterpretation about what each party agreed to.

What to Include in Your Agreement

Effective prenuptial and postnuptial agreements clearly identify what property each spouse owns separately before marriage and specify how property acquired during marriage will be characterized and divided. They address whether any separate property will become marital property through contribution or commingling, and how to handle that transition.

The agreement should cover specific assets that have particular importance. Family heirlooms, businesses, real estate, retirement accounts, these items warrant explicit attention rather than general language about property division.

If the agreement addresses alimony, it needs specificity about amounts, duration, and circumstances. Will there be no alimony under any circumstances? Will there be alimony only if the marriage lasts a certain number of years? Will the amount or duration depend on the length of the marriage? Vague language about “appropriate support” leaves too much room for future disputes.

Provisions about debt responsibility protect both parties. If one spouse tends to accumulate debt, the other spouse can be protected from responsibility for that debt if the marriage ends. If one spouse is bringing substantial debt into the marriage, the agreement can specify that the other spouse won’t be responsible for it.

Some couples include provisions about what happens during the marriage, such as how joint accounts will be managed or what financial decisions require both spouses’ agreement. While these provisions don’t directly address divorce, they can reduce financial conflict during the marriage.

The Conversation About Prenups

Raising the topic of a prenuptial agreement can feel awkward or even offensive to some partners. Nobody wants to tell their future spouse they’re planning for divorce before they’ve even gotten married. However, these conversations, when approached thoughtfully, can actually strengthen relationships by ensuring both parties understand each other’s financial expectations and values.

We help clients frame these discussions constructively. A prenup isn’t about lack of trust or expecting the marriage to fail. It’s about removing uncertainty, protecting what each person has built, and making decisions together while you’re cooperative rather than adversarial. It’s about respecting what each person brings to the marriage and ensuring clarity about financial matters.

If your partner reacts negatively to the prenup discussion, that’s information worth having before marriage. Their reaction tells you something about how they view financial matters, fairness, and cooperation. Sometimes working through prenup negotiations reveals incompatibilities that are better discovered before marriage than after.

Reviewing and Updating Agreements

Prenuptial and postnuptial agreements should be reviewed periodically, especially when circumstances change significantly. If you acquire major assets, if your income changes dramatically, if you have children, or if inheritance or other windfalls affect your financial situation, your existing agreement might need updating.

Some couples include sunset provisions that make the agreement expire after a certain number of years or under specific circumstances. Others prefer agreements that remain in effect unless explicitly modified. Either approach can work depending on your preferences and situation.

If you have an existing prenup or postnup that no longer reflects your circumstances or wishes, we can help you modify it through a new postnuptial agreement. Both spouses must agree to changes, but if you’re both willing, updating the agreement protects you better than an outdated document that doesn’t address current reality.

Getting Started

If you’re considering a prenuptial agreement before marriage or a postnuptial agreement during marriage, the sooner you begin the process, the better. Prenups need time for discussion, negotiation, drafting, review, and revision. Rushing the process creates problems with enforceability and increases stress during what should be a happy time before your wedding.

We guide couples through creating agreements that protect both parties fairly. While we represent one party’s interests, we approach these agreements recognizing that excessively one-sided terms harm enforceability and don’t serve anyone’s long-term interests. Our goal is an agreement both parties can sign with confidence that they’re protected and treated fairly.

Our commitment to accessibility extends to prenuptial and postnuptial work. These agreements don’t require enormous legal fees to be effective. We work efficiently to create comprehensive protection at reasonable cost, making these important planning tools available to couples who might otherwise think they can’t afford them.

If you’re interested in discussing a prenuptial or postnuptial agreement, contact Kelly Thompson Family Law to schedule a consultation. We’ll discuss your situation, explain what these agreements can and cannot do, and help you understand whether one makes sense for your circumstances. Planning ahead doesn’t mean expecting the worst. It means making thoughtful decisions together that give you both clarity and protection as you build your lives together.