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JaxLaw
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I had a premarital agreement with my wife. She died and her

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I had a premarital agreement with my wife. She died and her estate (children) claims the agreement says something that it does not. I was told that you have to sign a Premarital Agreement with a judge or it does not have as much strength in court. I live in NC. We did not sign with a judge. It was signed in an attorney's office and notarized. Please tell me the legal term I can research. Thanks
Submitted: 5 years ago.
Category: Legal
Expert:  JaxLaw replied 5 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

A premarital agreement does not have to be signed by a judge. The only requirements are that the agreement is in writing and signed by both parties (§ 52B-3. Formalities.

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration.) Only the rights waived in the agreement are waived. The terms of the agreement govern. I'm not sure what you mean by legal search term. Could you clarify that?

 

Here is a website with the Uniform Premarital Agreement Act:

http://www.ncga.state.nc.us/gascripts/statutes/statutesTOC.pl?Chapter=0052b

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 5 years ago.

I know it doesn't have to be signed in front of a judge but is it stronger if it was signed by both of us in front of the judge. Our atterney asked us if we wanted to and we said no. I am wondering what the difference means.

How do I print out your answer ?

Expert:  JaxLaw replied 5 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

One of the arguments to show that a premarital agreement is void that it was signed under pressure (undue influence) and, therefore, both parties did not voluntarily agree. Having a judge watch the execution would help to negate this argument as he/she would be able to question both parties' intent and desire to sign and their understanding of the agreement.

 

You would have to ask customer service about printing from the site.

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Customer: replied 5 years ago.

What are the arguments to show the premarital agreement is void ? THANKS

Expert:  JaxLaw replied 5 years ago.

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

 

1. Not providing full disclosure of financial information.

2. Undue influence, duress, the other party not having time to review the document with their own attorney, making a party sign less than 30 days from the date of the wedding.

3. Unconscionability (it cannot be unconscionable, i.e. completely unfair to one party, unreasonable or not guided by the conscience)

4. Improper execution (i.e. not signed by both parties)

 

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

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