Dak Prescott and Sarah Jane Ramos Called Off Their Wedding. Let's Talk About Prenups in North Carolina.
By now you've probably seen the headlines: Dallas Cowboys quarterback Dak Prescott and his fiancée Sarah Jane Ramos called off their wedding about a month before they were supposed to say "I do" in Italy. The rumor mill immediately pointed to a prenup dispute, though Ramos has since pushed back on that, commenting on Instagram that the breakup "had nothing to do with a prenup."
Regardless of what actually went down between Dak and Sarah Jane, the whole situation has blown up a conversation that a LOT of engaged couples need to be having: what's the deal with prenups, and should you get one?
Let's break it down, North Carolina style.
First: A Prenup Is Not a Bet Against Your Marriage
This is the biggest misconception out there, and it keeps so many couples from even having the conversation. Former NFL player Emmanuel Acho went on his podcast after the Prescott news broke and said he's "anti-prenup" because if you need a "contingency plan for marriage, you shouldn't be married."
Look, I get the sentiment. It sounds romantic. But it's also kind of like saying you shouldn't wear a seatbelt because you don't plan on getting in a car accident.
A prenup is a financial plan. That's it. It's two people sitting down before they get married and agreeing on how certain things will be handled if the marriage doesn't work out. It protects BOTH parties, not just the one with more money.
And here's what a lot of people miss: a prenup can also lay out financial expectations DURING the marriage. How will y'all handle joint accounts? What happens with a business one of you owns? What about debts? That's not pessimistic. That's just smart.
What Can a Prenup Cover in North Carolina?
In NC, a premarital agreement (that's the official term) can address things like:
The rights and obligations of each person in any property, whenever and wherever it was acquired. What happens to property if you separate, divorce, or if one of you passes away. Whether one spouse will pay alimony to the other (with some limitations). The right to make decisions about life insurance, wills, and trusts. And really any other matter that doesn't violate public policy or NC law.
The one thing a prenup CANNOT do in North Carolina is predetermine child custody or child support. Those decisions are always based on the best interest of the child at the time, and no agreement signed before a baby even exists can override that.
What Makes a Prenup Valid in NC?
This is where it gets important. Not every prenup holds up in court. In North Carolina, for a premarital agreement to be enforceable, it needs to meet some basic requirements:
It has to be in writing and signed by both parties. Verbal agreements don't count here.
It has to be voluntary. If someone was pressured, coerced, or given the agreement the night before the wedding with a "sign this or the wedding is off" ultimatum, that's a problem. Courts look at timing, pressure, and whether both parties had a real opportunity to review and understand the agreement.
There needs to be fair disclosure. Both parties should know what the other one has. If someone hides assets or lies about their financial situation, that can blow up the whole agreement. Full financial transparency is key.
Both parties should have independent legal counsel. This isn't technically required by statute, but it's strongly recommended. If both people have their own attorney reviewing the agreement, it's a lot harder for someone to come back later and argue they didn't understand what they signed.
The Dak Factor: What About Big Money?
One of the reasons the Prescott story blew up is because of the money involved. Dak signed a $240 million contract with the Cowboys. That's a lot of zeros.
You don't need NFL money for a prenup to make sense. If you own a small business, have significant student loan debt, are expecting an inheritance, own property before the marriage, or have kids from a previous relationship, a prenup could be a really smart move.
CNBC just ran a piece about how Gen Z is embracing prenups at a higher rate than previous generations. The median net worth of people getting prenups through some online platforms is around $78,000. This isn't a billionaire thing anymore. It's a "I want to be a grown-up about my finances" thing.
What If You're Already Married Without a Prenup?
Don't panic. North Carolina also recognizes postnuptial agreements (sometimes called postmarital agreements). These work similarly but are entered into after the wedding. They have their own set of requirements and considerations, but they're absolutely an option if you and your spouse want to get on the same page about finances.
The Bottom Line
Whether Dak and Sarah Jane's split was about a prenup or not, the conversation it sparked is a good one. Prenups aren't unromantic. They're responsible. They're two people saying, "I love you, I'm committed to this, and I also want us to be protected."
If you're engaged (or even just thinking about it) and want to talk through whether a prenup makes sense for your situation, we're here for it. No judgment, no pressure, just a real conversation about protecting what matters to you.
Reach out to Melenni directly at melenni@balbachdavenportlegal.com, call 910.701.0236, or schedule a consultation.
Balbach & Davenport Legal is a virtual family law and estate planning firm serving all of North Carolina.
