State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_52B > GS_52B-7

§52B‑7.  Enforcement.

(a)        A premaritalagreement is not enforceable if the party against whom enforcement is soughtproves that:

(1)        That party did notexecute the agreement voluntarily; or

(2)        The agreement wasunconscionable when it was executed and, before execution of the agreement,that party:

a.         Was not provided afair and reasonable disclosure of the property or financial obligations of theother party;

b.         Did not voluntarilyand expressly waive, in writing, any right to disclosure of the property orfinancial obligations of the other party beyond the disclosure provided; and

c.         Did not have, orreasonably could not have had, an adequate knowledge of the property orfinancial obligations of the other party.

(b)        If a provision of apremarital agreement modifies or eliminates spousal support and thatmodification or elimination causes one party to the agreement to be eligiblefor support under a program of public assistance at the time of separation ormarital dissolution, a court, notwithstanding the terms of the agreement, mayrequire the other party to provide support to the extent necessary to avoidthat eligibility.  Before the court orders support under this subsection, thecourt must find that the party for whom support is ordered is a dependent spouse,as defined by G.S. 50‑16.1A, and that the requirements of G.S. 50‑16.2Aregarding postseparation support or G.S. 50‑16.3A regarding alimony havebeen met.

(c)        An issue ofunconscionability of a premarital agreement shall be decided by the court as amatter of law. (1987, c. 473, s. 1; 1995, c. 319, s. 11; 1997‑456,s. 27.)