People often underestimate prenuptial or premarital contracts due to the earthly purposes they serve. However, these particular documents can prevent desolation and burnout should the unfavorable moment of separation come.
In the good old days, free printable prenuptial agreement form was the means of protecting wealthy people’s separate property and financial assets from undesirable attempts of an unfair spouse-to-be.
Nowadays, prenups are widely used to register personal property and monetary obligations, including potential spouses’ encumbrances and debts. They eliminate the possibility of unfavorable transfer of this burden to the other partner. This is especially vital if any kind of separation occurs, and one of the spouses becomes vulnerable to pay out someone else’s liabilities.
Prenups are designed to serve the interests of people with wealth differences who need to protect their separate assets, family heritage, provide spouse support, and secure nerves. The contract is not about doubting confidence. On the contrary, prenups create a firm foundation for building a shadowless and reliable union.
In South Carolina, you won’t find a pre-set prenuptial covenant template. The future spouses are free to list any preferences and terms that comply with the state and public laws. If you contemplate drafting a South Carolina premarital agreement, here is the preparation process:
South Carolina enters the list of 23 states that do not authorize the Uniform Premarital and Marital Agreements Act (UPAA). Therefore, all prenuptial covenants and terms are governed and supported only by state and public laws.
Under South Carolina statutory laws, future spouses should execute the prenuptial contract in a written manner. To embrace validity, the agreement must be authorized by both signatories. Unlike many other legal documents requiring a mandatory certification by a notary public agent, prenups are free from this stipulation and can only contain the spouse-to-be’s signatures.
Still, it is recommended to witness the paper or get a notary acknowledgment to make the contract legally more powerful in future consideration.
South Carolina prenuptial agreements go into effect once the marriage is registered and the legal requirements are satisfied. However, if the union is considered void or the marriage is canceled, the prenup contract becomes invalid.
Suppose the spouses decide to modify the agreement after the marriage. In that case, they are welcome to draft a separate amended agreement in a written form and sign their consent to the amendments introduced in the new paper.
If the agreement complies with the South Carolina statutory laws, it is likely to be supported by the courts. Thus, the following conditions must be ensured:
If all or one of these stipulations are violated, the South Carolina court may consider the prenuptial agreement unconscionable and void it.
Also, the court will disregard any arrangements and instructions regarding childcare, visitations, and guardianship. The issues of child custody can only be considered by the courts and approved in the child’s best interests in common.
Since South Carolina doesn’t provide a template, prenups can contain different aspects of the couple’s negotiations. Here are some solicited elements that are registered in prenups:
South Carolina doesn’t provide any particular regulation towards the separate and community assets. All inherent stipulations should be negotiated by the couple and registered with the prenup agreement.