South Carolina Prenuptial Property Agreement
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FAQ
South Carolina Antenuptial Agreement Statute and Case Law The prenup must be in writing. The terms must be fair and equitable. The terms must be lawful or immoral. The terms must be financial in nature (not relating to personal business, such as weight gain or in-laws)
What is Non-Marital Property in South Carolina? Property acquired before the marriage is generally considered non-marital property, subject to exceptions as discussed below.
How Does a Couple Enter an Enforceable Prenup? South Carolina courts will generally uphold a prenuptial agreement if both parties execute it knowingly and voluntarily. Both parties should be represented and advised by independent legal counsel to understand the agreement they are signing.
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.
No, South Carolina isn't a community property state. Marital property is divided by the court in an equitable manner as described above. Dower and curtesy are common law legal concepts that have generally been abolished in the U.S. today.
While all 50 states recognize prenups, they may have different rules. For example, some states have their own sunset provision laws that phase out or end a prenuptial agreement after a certain period of time or life event, such as a child's birth.
South Carolina courts will generally uphold a prenuptial agreement if both parties execute it knowingly and voluntarily. Both parties should be represented and advised by independent legal counsel to understand the agreement they are signing.
South Carolina courts will generally uphold a postnuptial agreement if both parties execute it knowingly and voluntarily.