N.C. Gen. Stat. § 52B-2
Definitions
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As used in this Chapter:
(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. (1987, c. 473, s. 1.)
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 1994–2025 · leading case: Bezzek v. Bezzek
Bezzek v. Bezzek (2019)
“…as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage." N.C. Gen. Stat. § 52B-2(1) (2017).”
King v. King (1994)
“§ 50-20(d) (1987), and premarital agreements which must be executed “in contemplation of marriage,” N.C.G.S. § 52B-2(1) (1987), are not enforceable if the terms of the agreement are unconscionable.”
Stewart v. Stewart (2000)
“The official comment to N.C. Gen. Stat. § 52B-2 states that the term “property” is intended to encompass “all forms of property and interests therein,” including pension and retirement accounts.”
Roberts v. Roberts (2005)
“In the case sub judice, summary judgment was entered on claims arising from a premarital agreement, defined by N.C. Gen. Stat. § 52B-2 (2003) as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”
Stoeckel v. Stoeckel (2025)
“Although interlocutory, the order conclusively adjudicates the validity of a PMA as defined by N.C.G.S. § 52B-2(1) and therefore affects a substantial right under N.”
Schneider v. Hoff (2008)
“" N.C. Gen. Stat. § 52B-2 (2003). "The principles of construction applicable to contracts also apply to premarital agreements[.”
Helbein v. Helbein (2019)
“The amended statute now reads, in relevant part: Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, the validity of a premarital agreement as…”
Brown v. Brown (2023)
“BROWN Opinion of the Court Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, the validity of a premarital agreement as defined by G.S. 52B-2(1),…”
Scott v. Scott (2024)
“1 (2023) (“Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, the validity of a premarital agreement as defined by G.S. 52B-2(1), child custody,…”
Davis v. Davis (2014)
“§ 52B-2 (2013) (defining a pre-marital agreement as an “agreement”); Turner v.”
— N.C. Gen. Stat. § 52B-2(1) — 6 cases
Bezzek v. Bezzek (2019)
“…as "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage." N.C. Gen. Stat. § 52B-2(1) (2017).”
King v. King (1994)
“§ 50-20(d) (1987), and premarital agreements which must be executed “in contemplation of marriage,” N.C.G.S. § 52B-2(1) (1987), are not enforceable if the terms of the agreement are unconscionable.”
Stoeckel v. Stoeckel (2025)
“Although interlocutory, the order conclusively adjudicates the validity of a PMA as defined by N.C.G.S. § 52B-2(1) and therefore affects a substantial right under N.”
Helbein v. Helbein (2019)
“The amended statute now reads, in relevant part: Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, the validity of a premarital agreement as…”
Brown v. Brown (2023)
“BROWN Opinion of the Court Notwithstanding any other pending claims filed in the same action, a party may appeal from an order or judgment adjudicating a claim for absolute divorce, divorce from bed and board, the validity of a premarital agreement as defined by G.S. 52B-2(1),…”
— N.C. Gen. Stat. § 52B-2(2) — 1 case
Stewart v. Stewart (2000)
“The official comment to N.C. Gen. Stat. § 52B-2 states that the term “property” is intended to encompass “all forms of property and interests therein,” including pension and retirement accounts.”
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