North Carolina General Statutes 52B-7. 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
Terms Used In North Carolina General Statutes 52B-7
- Dependent: A person dependent for support upon another.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Premarital agreement: means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. See North Carolina General Statutes 52B-2
- Property: means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. See North Carolina General Statutes 52B-2
(2) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. Before the court orders support under this subsection, the court must find that the party for whom support is ordered is a dependent spouse, as defined by N.C. Gen. Stat. § 50-16.1A, and that the requirements of N.C. Gen. Stat. § 50-16.2A regarding postseparation support or N.C. Gen. Stat. § 50-16.3A regarding alimony have been met.
(c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law. (1987, c. 473, s. 1; 1995, c. 319, s. 11; 1997-456, s. 27.)