A prenuptial agreement is a written contract two people sign before they marry. It sets out how property, debt and spousal support will be handled if the marriage ends in separation, divorce or death. In North Carolina, prenups are governed by the Uniform Premarital Agreement Act (N.C. Gen. Stat. Chapter 52B), and a carefully drafted agreement is enforceable.
Easterling Law drafts and reviews prenuptial agreements for couples in Charlotte, Matthews, Ballantyne, Marvin, Wesley Chapel, Waxhaw, Weddington and the surrounding area. Call 980-272-1365 to schedule a consultation.
Why have a family law firm handle your prenup?
We work on separations and divorces every day. That means we see exactly where prenuptial agreements get challenged: vague definitions of separate property, incomplete financial disclosure, and agreements signed days before the wedding. We draft to close those gaps from the start.
Our practice is also built on resolving issues respectfully. A prenup should be a planning conversation between two people who intend to stay married, not a negotiation that starts the marriage off on the wrong foot. We keep the process clear, calm and focused on what matters to you both.
Do you need a prenup?
Prenups aren’t only for the wealthy. They make sense whenever one or both of you wants certainty about what happens to specific assets or obligations. Couples most often come to us when:
What a North Carolina prenup can cover?
North Carolina law (N.C. Gen. Stat. § 52B-4) gives couples broad room to decide these issues for themselves. A prenup can address:
What a prenup can’t do
- It can’t reduce child support. North Carolina law protects a child’s right to support regardless of what the parents agree.
- It can’t decide child custody. Courts decide custody based on the child’s best interests at the time, not in advance.
- An alimony waiver has limits. If waiving support would leave a spouse eligible for public assistance at separation, a court can still order support.
What makes a prenup hold up in North Carolina
A court won’t enforce a prenup if the spouse challenging it proves they didn’t sign voluntarily. It also won’t enforce one that was unconscionable when signed if that spouse didn’t receive fair financial disclosure, didn’t waive it in writing, and had no other way to know the other’s finances (N.C. Gen. Stat. § 52B-7). In practice, that comes down to five things:
Our prenup process
Consultation
Financial disclosure
Drafting
Review and revisions:
Signing
Prenup review: when your partner's attorney drafted it
If your fiancé’s lawyer prepared the agreement, you need your own attorney to review it before you sign. We’ll explain what each provision means and what you’d be giving up, flag terms that are one-sided or unclear, and negotiate changes on your behalf. Prenup review is available for a flat fee of $1,500.00.
Already married? Postnuptial agreements
North Carolina also allows married couples to sign postnuptial agreements. Couples use them after a business launch, an inheritance, a move from another state, or simply to put an understanding in writing. The signing requirements for agreements between spouses differ from prenups, so careful drafting matters. We handle postnuptial agreements with the same process described above.
How much does a prenup cost?
We draft prenuptial agreements for a flat fee of $3,000, which covers the consultation, drafting, two rounds of revisions from the other party, and signing. Agreements involving a business, complex assets or extended negotiation may cost more, and we’ll tell you up front if yours does. Compared with dividing property without an agreement, a prenup is one of the most cost-effective legal steps a couple can take.
Are prenups enforceable in North Carolina?
Yes. A prenup signed voluntarily, with fair financial disclosure, is enforceable under North Carolina’s Uniform Premarital Agreement Act. It takes effect when you marry.
How far before the wedding should we sign?
Start at least 90 days ahead and sign well before the final weeks. Signing under time pressure invites a later claim that the agreement wasn’t voluntary.
Can we use the same lawyer?
No. Each of you should have your own attorney. One lawyer can’t advise both sides of the same agreement, and separate counsel makes the agreement stronger.
Can a prenup cover child custody or child support?
No. Custody is decided based on the child’s best interests at the time, and a prenup can’t reduce a child’s right to support.
Can we change or cancel a prenup after we're married?
Yes. You can amend or revoke it with a new written agreement signed by both of you.
What happens if we don't have a prenup?
North Carolina’s equitable distribution law applies. Marital property is presumed to be divided equally unless a court finds an equal split wouldn’t be fair, and separate property generally stays with the spouse who owns it.
Does getting a prenup mean we expect to divorce?
No. A prenup is a planning step, like a will. Working through one means talking openly about money, expectations, and plans before the wedding rather than after a problem arises.