In North Carolina, it is possible to nullify a prenuptial agreement. As stated in G.S. § 52B-7, which is part of the Uniform Premarital Agreement Act, part or all of a prenuptial agreement may be nullified under particular circumstances. Such circumstances include but are not limited to the following:
- One party was forced to sign the agreement against their will.
- One party did not know or was not informed of the full extent of the other party’s assets.
- The terms of the agreement would leave one party so financially unstable that they would be eligible for any form of public assistance.
Nullifying a Prenuptial Agreement
If you believe you have grounds to nullify any part of your prenuptial agreement, or if you are unsure if you qualify for a nullification, our firm wants to help. From the moment you hire us until the day the matter is settled, we can work hard to protect your rights and interests.
Evaluate Your Case
Everyone’s circumstances are different, so there is no “one size fits all” approach to nullifying or revoking prenuptial agreements. It is a good idea to let the family law team at our office help you by:
- Consulting with you: All you have to do is call. Members of our team are always standing by to assess your case.
- Investigating your circumstances: To make the best possible legal decisions, we will conduct all necessary research so that we can provide sound advice and suggestions.
- Informing you about your options: There may be more than one way to nullify a prenuptial agreement, and we can tell you about all of them.
- Helping you decide what to do: It can be difficult to make rational decisions about a matter as personal as a prenuptial agreement. Let us advise you throughout the process.
If there is any way to nullify your prenuptial agreement, we can do so. For instance, we may:
- File legal motions: We can inform the court about your case and try to persuade it that your prenuptial agreement should be nullified.
- Take your case to court: If necessary, we can prepare your case for a judge to review and even deliver oral arguments before the judge to advocate for your rights.
- Attend meetings: To avoid the effort and expense of a trial, we can meet with your spouse’s representatives and try to come to a pretrial agreement that you both can live with.
- Pursue other actions: Per G.S. § 52B-6, it is possible to amend or revoke a prenuptial agreement post-marriage if both parties sign a written agreement stating as much. We can work to draw up an agreement that is satisfying to both spouses.
Handle Any Further Legal Tasks
Even after matters pertaining to your prenuptial agreement are (or seem) settled, you may find that you run into further legal issues down the road. For example, your spouse may not abide by the changes made in the prenuptial agreement, or you may decide to separate or get a divorce. If that happens, we can:
- Handle disagreements: If you or your spouse ever disagree about the provisions of the agreement, we can meet with the other side to work things out.
- File court motions: If other attempts at remediation fail, we can get the courts involved, filing motions asserting that your spouse is not following the agreement.
- Fight for you in court: If you decide to take legal action against your spouse, we can represent you in the courtroom.
It is impossible to predict what may happen with your prenuptial agreement months or years down the line. To protect yourself, your assets, and your children, it is better to be prepared and seek professional legal counsel as early in the process as you can.
We Handle All Matters Related to Family Law
Our firm can help you with your prenuptial agreement, whether you are seeking to:
- Draw up a prenuptial agreement
- Learn more about an agreement by asking us for legal counsel
- Find out if it is possible to nullify your agreement
- Revoke or amend your agreement
We can also assist with legal tasks such as the following:
- Separation agreements
- Divorce proceedings
- Child custody matters
- Property division
As Cherish, one of our valued family law clients, remarked in her testimonial, she found her lawyer to be “trustworthy” and “very dependable,” and she felt she could always call on him if she needed to talk. If that is the kind of representative you want to help with your case, all you have to do is call us.
We Can Start Helping You Today
If you feel that there is something wrong or illegal about your prenuptial agreement, Farmer & Morris Law, PLLC, can try to help you nullify a prenuptial agreement, amend, or revoke the agreement, and much more. For compassionate yet professional representation, call us at (828) 286-3866, and consult with a member of our team today.