Can a pre nup be written which includes my fiance and myself with no debt
Full Question:
Answer:
It is possible to create a prenuptial agreement that assigns premarital debt and assets to only one party. In North Carolina, prenuptial agreements are generally enforceable as long as they do not violate public policy. A court may not enforce alimony provisions in an agreement if, for example, a spouse would be destitute without being awarded alimony at divorce. Similarly, a court would not enforce an agreement that adversely affected a child.
In order to create a valid and enforceable prenuptial agreement, certain criteria must be met. The agreement must be signed and in writing. Both parties must fully disclose all of their financial information, including assets and debts. Since prenuptial agreements must be
knowingly and voluntarily made, it is best to have the opportunity to consult independent counsel and sign the agreement several weeks before the wedding to avoid a claim or coercion or duress.
