Full question:
Can a pre-nuptial agreement be written that would include- for both my fiance and myself - no debts incurred prior to the marriage by one partner would be the responsibility of the other partner & no assets acquired prior to the marriage would automatically belong to the other party?
- Category: Marriage
- Subcategory: Premarital Agreements
- Date:
- State: National
Answer:
It is possible to create a prenuptial agreement that assigns premarital debt and assets to only one party. In North Carolina, prenuptial agreements are generally enforceable as long as they do not violate public policy. A court may not enforce alimony provisions in an agreement if, for example, a spouse would be destitute without being awarded alimony at divorce. Similarly, a court would not enforce an agreement that adversely affected a child.
In order to create a valid and enforceable prenuptial agreement, certain criteria must be met. The agreement must be signed and in writing. Both parties must fully disclose all of their financial information, including assets and debts. Since prenuptial agreements must be
knowingly and voluntarily made, it is best to have the opportunity to consult independent counsel and sign the agreement several weeks before the wedding to avoid a claim or coercion or duress.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
