South Carolina Prenuptial Agreement Laws: Everything You Need to Know
A prenuptial agreement, commonly referred to as a prenup, is a legal document that is signed before marriage. Its purpose is to determine how property and assets will be divided in the event of a divorce. In South Carolina, prenuptial agreements are governed by specific laws that couples need to be aware of before entering into such an agreement.
Here`s what you need to know about South Carolina prenuptial agreement laws.
South Carolina Prenuptial Agreements Must Be in Writing
First and foremost, prenuptial agreements in South Carolina must be in writing. Oral agreements are not valid. In order for a prenup to be enforceable, it must be signed by both parties and notarized. It`s recommended that each party have their own attorney to represent their interests during the process of drafting and signing the prenuptial agreement.
South Carolina Prenuptial Agreements Must Be Voluntary
Prenuptial agreements must also be voluntary. This means that neither party can be forced or coerced into signing a prenup. Both parties must enter into the agreement willingly and without duress.
South Carolina Prenuptial Agreements Must Be Fair
South Carolina prenuptial agreements must be fair and reasonable. The courts will not enforce an agreement that is grossly unfair or heavily favors one party over the other. The terms of the prenup should be negotiated in good faith with the goal of creating a fair agreement for both parties.
South Carolina Prenuptial Agreements Can Address Property Division and Alimony
A prenuptial agreement can address a variety of issues related to property division and alimony in the event of a divorce. For example, a prenup can specify which assets are considered marital and which are separate. It can also address how property will be divided, such as through mediation or arbitration. Additionally, a prenup can specify whether or not alimony will be paid and how much.
South Carolina Prenuptial Agreements Cannot Address Child Custody or Child Support
It`s important to note that South Carolina prenuptial agreements cannot address child custody or child support. Any provisions related to child custody or support will not be enforceable in court. These issues can only be addressed by a family court judge in the event of a divorce.
In conclusion, prenuptial agreements can be an effective way for couples to plan ahead and protect their assets in the event of a divorce. However, it`s important to understand the specific laws that govern prenuptial agreements in South Carolina. If you`re considering a prenuptial agreement, it`s recommended that you consult with an experienced family law attorney who can help guide you through the process and ensure that your agreement is fair and enforceable.