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:
Yes, it is possible to create a prenuptial agreement that specifies that premarital debts and assets belong only to the individual who incurred them. In North Carolina, such agreements are generally enforceable as long as they do not violate public policy. For instance, a court may not enforce alimony provisions if one spouse would be left destitute without it, nor would it enforce an agreement that adversely affects a child.
To ensure that a prenuptial agreement is valid and enforceable, it must be in writing and signed by both parties. Both individuals must fully disclose their financial information, including all assets and debts. It is also advisable for each party to consult independent legal counsel and to sign the agreement several weeks before the wedding to prevent claims of 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.