North & South Carolina Prenuptial & Postnuptial Agreement Attorneys

Why Couples Across the Carolinas Trust Collins Family & Elder Law Group

A prenuptial or postnuptial agreement is only as strong as the legal guidance behind it. At Collins Family & Elder Law Group, our attorneys bring more than 350 years of combined experience to the table, including Board-Certified Family Law Specialists and a licensed superior court mediator. That depth of experience matters when you're drafting an agreement meant to hold up for years, sometimes decades, down the road, through changes in income, growing families, and shifting circumstances.

We've guided clients through marital agreements involving everything from modest estates to complex, high-net-worth portfolios, family businesses, and multi-state assets. Because our attorneys handle prenuptial and postnuptial agreements alongside divorce, high-asset divorce, and property division cases, we understand firsthand how courts in North Carolina and South Carolina interpret and enforce these agreements when a marriage ends. We put that courtroom perspective to work at the drafting table, building agreements designed to hold up under scrutiny.

You can reach us online or by phone at (704) 289-3250. 

What Is a Prenuptial Agreement? 

In North Carolina, a prenuptial agreement, also known as a premarital agreement, is defined as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. The agreement must be in writing and signed by both parties before the wedding takes place. 

Prenuptial agreements cover various aspects of marriage and divorce, such as: 

• Asset and property division 
• Each spouse's rights to individual and marital property
• Property management
• Spousal support/alimony

North Carolina requires that any amendments to the prenuptial agreement also be in writing and signed by both spouses. Most prenuptial agreements in North Carolina are upheld, provided they meet these requirements. However, the court may invalidate a prenuptial agreement if it is found to be unconscionable or if either party entered into the agreement involuntarily or under duress.

In South Carolina, prenuptial agreements are also recognized and governed by specific laws. These agreements are known as antenuptial agreements and are defined as contracts entered into before marriage to determine the rights and obligations of the spouses in the event of a divorce or death. 

To be valid, a prenuptial agreement in South Carolina must be in writing, signed by both parties, and notarized. It should also include a fair and reasonable disclosure of each party's assets and liabilities. If a prenuptial agreement fails to meet these requirements or if it is found to be unconscionable or obtained through fraud or coercion, the court may refuse to enforce it.

What Is a Postnuptial Agreement? 

A postnuptial agreement is a contract entered into by spouses after marriage to address similar issues as a prenuptial agreement. 

In North Carolina, postnuptial agreements are generally enforceable if they meet the same requirements as prenuptial agreements, such as being in writing and signed by both parties. However, courts may be more cautious when scrutinizing postnuptial agreements due to the potential for one spouse to exert undue influence over the other. Therefore, it is important that both parties enter into the agreement voluntarily and with full understanding.

In South Carolina, postnuptial agreements are also recognized but have additional validity requirements. These agreements must be fair, reasonable, and disclose all assets and liabilities of both parties. The court will review the circumstances surrounding the execution of the agreement, including whether there was any coercion or duress. If a postnuptial agreement in South Carolina is found to be unconscionable or obtained through fraud, coercion, or lack of disclosure, the court may refuse to enforce it.

What Are the Benefits of Signing a Prenuptial or Postnuptial Agreement? 

Though these documents are often thought of as being only for the very wealthy, this is far from the truth. Regardless of the size of one’s estate, their net worth, or the overall value of their assets, everyone can benefit from signing a prenuptial or postnuptial agreement. 

Some of the benefits of signing a prenuptial or postnuptial agreement include: 

• Asset Protection: Prenuptial and postnuptial agreements allow couples to protect their individual assets acquired before and during the marriage. By clearly defining separate and marital property, these agreements can help prevent disputes and ensure that each party retains their respective assets in the event of a divorce or separation.
• Clarification of Financial Rights and Responsibilities: These agreements provide an opportunity for couples to discuss and establish financial expectations, responsibilities, and rights during the marriage. This includes matters such as income, debt, property division, spousal support, and inheritance rights. Having a clear understanding of these matters can minimize conflicts and promote transparency in the relationship.
• Preservation of Family Wealth: Prenuptial and postnuptial agreements can be particularly beneficial when one or both parties have significant family wealth or inheritances. These agreements can help safeguard family assets and protect them from being subject to division in the event of a divorce.
• Reduction of Conflict and Stress: By proactively addressing potential issues and concerns before entering into marriage or during the course of the marriage, prenuptial and postnuptial agreements can help reduce conflict and uncertainty during the divorce process. Couples who have already established the terms of asset division and other financial matters are more likely to experience a smoother and less contentious divorce process.
• Preservation of Business Interests: For individuals who own businesses or have professional practices, prenuptial and postnuptial agreements can help protect those business interests from being subject to division in the event of a divorce. This can be especially valuable to safeguard the continuity and viability of the business.