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Postnuptial agreements must be in writing. Voluntary ? Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Any indication that one spouse coerced or threatened the other into signing will make a postnuptial agreement null and void.

A prenuptial agreement is a contract, and it needs to be fair under the circumstances. South Carolina law holds that a prenuptial agreement will be presumed to be equitable if both parties entering into it are represented by separate independent counsel and both parties make full and complete financial disclosures.

South Carolina courts will generally uphold a postnuptial agreement if both parties execute it knowingly and voluntarily.

There are three basic requirements for a valid postnuptial agreement. First, the agreement must be in writing. Both spouses must have their own attorney guiding them. Finally, the agreement should be notarized.

A postnuptial agreement is enforceable in South Carolina if it is entered into freely and knowingly between the parties. The parties must disclose their assets and material facts. The contract must be entered into without duress. Both parties should sign the agreement.

How to Create a Postnuptial Agreement That's Enforceable The document must be in writing and notarized. The document must be signed voluntarily and intentionally by both parties. Both parties must make a full and fair disclosure of all their assets, debts, property, and income.