N.C. Gen. Stat. § 52B-7

Enforcement

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(a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(1) That party did not execute the agreement voluntarily; or

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

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

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

c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. Before the court orders support under this subsection, the court 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. 50-16.2A regarding postseparation support or G.S. 50-16.3A regarding alimony have been met.

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

Notes of Decisions

Cited in 7 cases, 1989–2019 · leading case: Kornegay v. Robinson

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Kornegay v. Robinson (2006) ncctapp · cites it 20× “I The Uniform Premarital Agreement Act, N.C. Gen.Stat. § 52B-7 (2005), specifically governs the enforcement of premarital agreements in North Carolina.”

Howell v. Landry (1989) ncctapp · cites it 6× “t voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (iii) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial…”

King v. King (1994) ncctapp · cites it 6× “2d 90 (1990); N.C.G.S. § 52B-7(a) (1987) (premarital agreements); Stegall v.”

Johnson v. Johnson (2018) ncctapp · cites it 3× “"The question of unconscionability must be determined as of the time the contract was executed, N.C.G.S. § 52B-7(a)(2), and after any issues of fact are resolved, presents a question of law for the court.”

Huntley v. Huntley (2000) ncctapp · cites it 4× “N.C. Gen. Stat. § 52B-7 sets forth the conditions which must be proven by a party seeking to avoid the enforcement of a premarital agreement, but generally concerns inequitable conditions surrounding the execution of the agreement, such as voluntariness and unconscionability.”

Atassi v. Atassi (1995) ncctapp · cites it 2× “Taken in the light most favorable to plaintiff,'the materials before the trial court disclose factual issues which, pursuant to G.S. § 52B-7, would preclude enforcement of the agreement.”

Helbein v. Helbein (2019) ncctapp · cites it 3× “The actions were consolidated, and both parties requested an initial jury trial on the issue of validity of the premarital agreement under N.C.G.S. § 52B-7(a)(1). On 15 June 2017, the jury returned the verdict that Lauren did not execute the premarital agreement voluntarily,…”

— N.C. Gen. Stat. § 52B-7(1)(a) — 1 case