NORTH CAROLINA PREMARITAL AGREEMENT

(Uniform Premarital Agreement Act)

[// GUIDANCE: This template is drafted for use under North Carolina law (N.C. Gen. Stat. ch. 52B, Uniform Premarital Agreement Act). Practitioners should tailor all bracketed language, confirm statutory cites, and review schedules before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Classification of Property
   3.2 Management & Control of Property
   3.3 Distribution Upon Dissolution or Death
   3.4 Spousal Support
   3.5 Estate Planning & Life Insurance
   3.6 Debts & Liabilities
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block
11. Acknowledgments (Notary)
12. Schedules

1. DOCUMENT HEADER

This Premarital Agreement (the “Agreement”) is made and entered into as of [EFFECTIVE DATE] (“Execution Date”) by and between:

• [FULL LEGAL NAME OF PARTY A], an individual residing at [ADDRESS] (“Party A”); and
• [FULL LEGAL NAME OF PARTY B], an individual residing at [ADDRESS] (“Party B” and, together with Party A, the “Parties,” and each, a “Party”).

RECITALS

A. The Parties contemplate a lawful marriage in the State of North Carolina on or about [MARRIAGE DATE] and desire to establish their respective rights and obligations in property and support matters, both during the marriage and upon its termination by death, divorce, or otherwise.
B. The Parties enter into this Agreement voluntarily, in good faith, and in furtherance of the North Carolina Uniform Premarital Agreement Act (the “UPAA”).
C. Each Party has made a fair and reasonable disclosure of financial information to the other Party as set forth in Schedules A and B (collectively, the “Disclosure Schedules”), or has knowingly and voluntarily waived further disclosure.
D. The Parties acknowledge that adequate and sufficient consideration for this Agreement is provided by their mutual promises herein and the contemplated marriage.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below. Any term not defined herein shall have the meaning set forth in the UPAA or, absent such definition, its ordinary legal meaning.

“Affiliate” means, with respect to any person, any entity controlling, controlled by, or under common control with such person.
“Agreement” has the meaning set forth in the Document Header.
“Debt” means any obligation, contingent or fixed, incurred by a Party before, during, or after the marriage.
“Disclosure Schedules” has the meaning set forth in Recital C.
“Effective Date” means the date upon which the Parties are legally married.
“Family Court” means the General Court of Justice, District Court Division, of the State of North Carolina, or any successor court with family-law jurisdiction.
“Marital Property” means property classified as marital under Section 3.1(b).
“Premarital Property” means property owned individually by a Party before the marriage, together with all proceeds, appreciation, and substitutions thereof, except to the extent re-classified pursuant to this Agreement.
“Separate Property” means, collectively, Premarital Property and any other property designated as separate under Section 3.1(a).
“Support” means spousal support, post-separation support, or alimony, as those terms are defined or interpreted under North Carolina law.

[// GUIDANCE: Define additional terms (e.g., “Liquid Assets,” “Real Property,” “Retirement Assets”) as needed.]

3. OPERATIVE PROVISIONS

3.1 Classification of Property

(a) Separate Property. The following shall remain the Separate Property of each respective Party:
(i) all Premarital Property listed on the Disclosure Schedules;
(ii) all property acquired in exchange for, or the proceeds of, such Premarital Property;
(iii) any inheritance, devise, or gift received individually by a Party during the marriage; and
(iv) any property expressly designated as Separate Property by written instrument executed by both Parties.

(b) Marital Property. Except as otherwise provided herein, any property acquired jointly by the Parties during the marriage using marital earnings or jointly-titled, and any increase in value attributable to marital efforts, shall be classified as Marital Property and shall be divided in accordance with Section 3.3.

(c) Commingling and Transmutation. Intentional re-titling of Separate Property into joint names, or the use of marital funds to materially enhance Separate Property without contemporaneous written agreement, shall be deemed evidence of intent to transmute such property into Marital Property, subject to rebuttal by clear and convincing evidence.

3.2 Management & Control of Property

Each Party shall have the unrestricted right to manage, sell, encumber, bequeath, or otherwise dispose of his or her Separate Property without the consent of the other Party. For Marital Property, both Parties shall have equal rights of management and access, subject to any written management agreement they may enter.

3.3 Distribution Upon Dissolution or Death

(a) Divorce or Separation. Upon a final decree of absolute divorce or annulment:
(i) Each Party shall retain his or her Separate Property free and clear of any claim by the other.
(ii) Marital Property shall be divided [50/50] OR [in the percentages: Party A — [] %; Party B — [] %].
(iii) The Parties waive equitable distribution rights inconsistent with this Agreement.

(b) Death. Unless otherwise provided in a duly-executed testamentary instrument, the surviving spouse waives any elective-share, year’s-allowance, or intestate-succession rights in the decedent’s Separate Property, except as set forth herein. Each Party shall execute estate-planning instruments consistent with this Section 3.3(b).

3.4 Spousal Support

(a) Waiver. Except as set forth in Section 3.4(b), each Party irrevocably waives any and all rights to Support from the other Party.

(b) Limited Support Obligation (if elected). If, at the time of separation, (i) the marriage has lasted at least [] years, and (ii) the income differential exceeds [] %, the higher-earning Party shall pay Support to the lower-earning Party in the amount of $[] per month for [] months, subject to termination upon remarriage or cohabitation.

[// GUIDANCE: Counsel should confirm that any Support waiver or limitation remains enforceable under NC law at the time of enforcement; unconscionability is judged then, not now.]

3.5 Estate Planning & Life Insurance

Each Party covenants to maintain life insurance in the minimum face amount of $[__] naming the other Party (or children of the marriage) as beneficiary until the earliest of (i) divorce; (ii) mutual written agreement; or (iii) the insured Party’s death. Each Party shall make, execute, and keep in force such wills, trusts, and other instruments as may be reasonably necessary to effectuate this Agreement.

3.6 Debts & Liabilities

(a) Premarital Debts. Each Party shall remain solely responsible for any Debt incurred prior to the marriage and shall indemnify and hold harmless the other Party therefrom.

(b) Marital Debts. Debts jointly incurred during the marriage shall be allocated in the same proportion as Marital Property unless otherwise agreed in writing.

4. REPRESENTATIONS & WARRANTIES

Each Party represents and warrants to the other that, as of the Execution Date:

4.1 Capacity; Voluntariness. Such Party (a) is at least eighteen (18) years of age, (b) has the legal capacity to contract, (c) is entering into this Agreement freely and voluntarily, and (d) is not subject to duress, undue influence, or fraud.

4.2 Full and Fair Disclosure. Such Party has provided to the other true, correct, and complete information regarding all material assets, liabilities, and income, as reflected on the Disclosure Schedules.

4.3 Independent Counsel. Such Party has had the opportunity to obtain independent legal counsel of his or her choosing and is satisfied with such counsel or has knowingly and voluntarily elected to proceed without counsel.

4.4 No Prior Conflicting Agreements. Such Party is not a party to any prior agreement, court order, or obligation that would conflict with or render impossible such Party’s performance hereunder.

The representations and warranties contained in this Article 4 shall survive execution and enforcement of this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Further Assurances. Each Party shall execute and deliver any additional documents reasonably necessary to carry out the purpose and intent of this Agreement.

5.2 Notice of Material Change. Each Party shall provide written notice to the other within thirty (30) days of any material change in financial circumstances that could affect obligations under this Agreement.

5.3 Record-Keeping. Each Party shall maintain complete records of Separate Property and Debts, including documentation tracing such property through any exchanges or substitutions.

6. DEFAULT & REMEDIES

6.1 Events of Default. A Party shall be in default if he or she:
(a) materially breaches any covenant or obligation hereunder; or
(b) fails to comply with an arbitration award or court order enforcing this Agreement.

6.2 Notice & Cure. The non-defaulting Party shall give written notice specifying the nature of the default. The defaulting Party shall have thirty (30) days to cure, unless the breach is incapable of cure.

6.3 Remedies. Upon uncured default, the non-defaulting Party may seek:
(a) specific performance;
(b) injunctive relief;
(c) indemnification per Article 7;
(d) recovery of reasonable attorneys’ fees and costs.

7. RISK ALLOCATION

7.1 Mutual Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party and his or her Affiliates (each, an “Indemnified Party”) from and against any losses, claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or resulting from (a) any breach of this Agreement by the Indemnifying Party, or (b) any Debt expressly allocated to the Indemnifying Party herein.

7.2 Limitation of Liability. Except for (i) fraud, (ii) willful misconduct, or (iii) an indemnification obligation under Section 7.1, the aggregate liability of either Party for monetary damages under this Agreement shall not exceed $[CAP AMOUNT].

7.3 Force Majeure. Neither Party shall be liable for failure to perform any obligation (other than a payment obligation) caused by events beyond such Party’s reasonable control, including acts of God, war, or governmental restrictions, provided that the affected Party gives prompt notice and uses reasonable efforts to resume performance.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement and any dispute arising hereunder shall be governed by, and construed in accordance with, the internal laws of the State of North Carolina, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Parties irrevocably submit to the exclusive jurisdiction of the Family Court sitting in [COUNTY], North Carolina, for any proceeding arising out of or relating to this Agreement, subject to Section 8.3.

8.3 Arbitration (Limited).
(a) Scope. The Parties may submit disputes solely concerning the classification or valuation of property to binding arbitration administered by [ARBITRATION ADMINISTRATOR] in accordance with its rules then in effect.
(b) Exclusions. Issues of Support, child custody, or any matter the Family Court determines non-arbitrable under public policy shall remain within the exclusive jurisdiction of the court.
(c) Award & Enforcement. Any arbitral award may be confirmed in Family Court and shall be subject to modification or vacatur only as provided by North Carolina law.

8.4 Waiver of Jury Trial. The Parties acknowledge that Family Court proceedings are bench trials and hereby waive any right to trial by jury to the extent such right might otherwise arise.

8.5 Injunctive Relief. Notwithstanding the foregoing, either Party may apply to any court of competent jurisdiction for temporary, preliminary, or permanent injunctive relief, including specific performance.

9. GENERAL PROVISIONS

9.1 Amendments. This Agreement may be amended only by a written instrument signed by both Parties and acknowledged before a notary public.

9.2 Waiver. No waiver of any provision shall be effective unless in writing and signed by the waiving Party.

9.3 Assignment. No Party may assign or delegate any rights or obligations under this Agreement without prior written consent of the other Party, except by operation of law upon death.

9.4 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, and permitted assigns.

9.5 Severability. If any provision is held unenforceable, the remainder shall be enforced to the maximum extent permitted, and the court shall modify the unenforceable provision to conform with the Parties’ original intent.

9.6 Integration. This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. Signatures transmitted electronically (e.g., PDF, DocuSign) shall be deemed original signatures.

9.8 Headings. Headings are for convenience only and shall not affect interpretation.

9.9 Interpretation. The terms of this Agreement were negotiated by both Parties with counsel (or opportunity for counsel) and shall be construed neutrally, without regard to any presumption against the drafter.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Execution Date first written above, to be effective as of the Effective Date.

____ ____
[PARTY A NAME] [PARTY B NAME]
Date: ___ Date: ___

11. ACKNOWLEDGMENTS (NOTARY)

State of North Carolina )
County of ______ )

I, ____, a Notary Public of said County and State, certify that [PARTY A NAME] personally appeared before me this day and acknowledged the due execution of the foregoing Premarital Agreement.

Witness my hand and official seal, this _ day of _, 20.

Notary Public
My Commission Expires: ___

[repeat acknowledgment for PARTY B]

[// GUIDANCE: While notarization is not strictly required under the UPAA, it greatly enhances evidentiary reliability and is therefore strongly recommended.]

12. SCHEDULES

• Schedule A — Party A Financial Disclosure
• Schedule B — Party B Financial Disclosure
• Schedule C — Joint Property (if any)
• Schedule D — Life Insurance Policies

[// GUIDANCE: Attach detailed financial statements, supporting documents, and any prior deeds or titles demonstrating Separate Property.]