North Carolina Prenuptial Agreement
This Prenuptial Agreement ("Agreement") is made on _____[Date]_____ by and between _____[First Party's Full Name]_____ and _____[Second Party's Full Name]_____, who are contemplating marriage to each other and wish to determine the rights and responsibilities of each party regarding each other's property and financial matters. This Agreement is intended to become effective upon the marriage of the parties, as recognized by the laws of the State of North Carolina.
Recitals
WHEREAS, the parties wish to establish their rights and obligations regarding each other's current and future property, both separately owned and jointly acquired;
AND WHEREAS, both parties have fully disclosed to each other their respective financial situations, including assets, liabilities, income, and expenses;
AND WHEREAS, each party has the opportunity to consult with legal counsel of their choice concerning this Agreement;
NOW, THEREFORE, in consideration of the planned marriage, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Disclosure of Assets
Each party has disclosed to the other, in writing, a complete and accurate description of his or her financial estate, including all assets, liabilities, income, and expenses. Attachments A and B to this Agreement are the respective financial statements of each party.
2. Separate Property
Anything that belongs to either party before the marriage ("Separate Property") will remain that party's property after the marriage. Each party has the right to manage, control, sell, and dispose of their Separate Property as if they were unmarried. Separate Property includes, but is not limited to:
- Property acquired by either party before the marriage;
- Gifts and inheritances received by either party at any time;
- Income from Separate Property;
- Proceeds of Separate Property.
3. Marital Property
Property acquired by either party during the marriage ("Marital Property") will be owned according to the laws of the State of North Carolina, unless otherwise agreed in writing. Marital Property does not include Separate Property as defined in this Agreement.
4. Rights Upon Separation
In the event of separation, divorce, or annulment, the rights and obligations of each party regarding the division of property will be governed by the terms of this Agreement.
5. Alimony and Support
Each party's rights regarding alimony, maintenance, or support will be determined according to the laws of the State of North Carolina, unless otherwise specified in this Agreement.
6. Amendment and Revocation
This Agreement can only be amended or revoked by a written document signed by both parties. No oral agreements or understandings shall modify the terms of this Agreement.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.
8. Entire Agreement
This document contains the entire agreement between the parties regarding the subjects covered. No other agreements, statements, or promises, whether oral or written, shall be valid or binding.
Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
_____[First Party's Signature]_____
_____[Second Party's Signature]_____
Notary Public __________ (Seal): My commission expires __________.