South Carolina Prenuptial Agreement Form

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.

Why Do I Need a Prenup Contract?

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:

  1. Negotiate the terms of the agreement with your partner. It might seem challenging to ask someone to enter into the contract and think about possible separation at the moment of engagement. Still, try to explain your point, as life is truly unpredictable, and anything can happen. Think about the benefits and responsibilities to serve the interests of both parties.
  2. Find a professional, experienced family law attorney. It is recommended that each spouse-to-be has their own counsel to avoid creating a one-sided and indecent agreement.
  3. Prepare the list of your separate property, real estate, and financial accounts. Don’t forget to disclose any encumbrances and debts. Intentional falsification or withholding any inherent information is considered fraud by the South Carolina courts.
  4. Discuss the terms of the prenuptial contract and authorize the paper appending the signatures. Following the law, the parties should provide sufficient time to each other to sign the document.

South Carolina Prenup Laws and Requirements

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.

Signing Requirements

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.

Enforceability

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.

Court Refusal

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:

  • Unconstrained authorization of the agreement by both parties.
  • The contract must be reasonably fair towards both signatories.
  • Fair disclosure of property, finances, and liabilities at the moment of ratification
  • Each party clearly understands the essence and the contents of the prenuptial agreement they are authorizing.
  • The prenup contract must not encourage divorce.

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.

What Prenups Can Cover

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:

  • How to manage the separate property and monetary assets
  • Management of community property and real estate acquired after marriage
  • Liability (debts) management
  • Assignation of property and funds in case of separation, including the divorce, either spouse’s death, or other circumstances
  • Alimony policy
  • Inheritance
  • Life insurance policy (if applicable)
  • Other aspects

Property Type

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.

Published: Feb 25, 2021