It is a happy day, you are planning a wedding and living together with your loved one. Nonetheless, before you completely dissolve in a happy life, it is recommended to think about all the agreements’ formalities. Consider drafting a Prenuptial Agreement (also called a premarital agreement in South Dakota).
Of course, everyone hopes that their relationship will last forever, but unfortunately, this is not always the case. You will be glad that you thought about the future in advance and put together a prenuptial agreement. More details about the prenuptial agreement can be found here.
The agreement covers issues of division of property in the event of a divorce and how property will be treated during the marriage. Therefore, using this agreement, you can document decisions about joint or separate property or assets.
A prenuptial agreement is formed not just by the rich or the stars but also by people with ordinary income. With this document, you can protect not your personal property and the inheritance of your children from previous relationships (if any), fix support with your future spouse, and much more.
You should definitely consider concluding this agreement if you are:
South Dakota has specific rules for drawing up an enforceable prenuptial agreement.
We recommend using our form-building software to complete a prenuptial agreement. This software is available on our website. You can quickly come up with the correct form for South Dakota.
Below is an analysis of laws that govern the drafting and operation of the agreement in the State.
In South Dakota, the prenuptial agreement is governed by § 25-2-16 – § 25-2-25 of State Law. In the provisions of the law, you will find definitions, content, how to amend the agreement, and other useful instructions. We recommend carefully reading the law before drafting and signing the agreement.
Only a written agreement signed by both parties to the marriage is accepted. The agreement is signed only before marriage and by both parties’ mutual consent. The compulsion to sign is not permitted and may result in the cancellation of the entire agreement.
South Dakota has adopted the Uniform Premarital Agreement Act, just like the many US States. According to this Act, a number of requirements must be met for the agreement to be recognized as legal.
We have already mentioned that the agreement must be set out in writing and signed by both parties. In addition to this:
After getting married, the couple may want to amend or cancel the agreement. This requires written confirmation from both parties.
Even after signing the agreement, the court does not always recognize the agreement as valid.
In its decision, the court is guided by whether the agreement was fair or unconscionable.
The court will refuse to accept the agreement if the person against whom it is acting proves that:
If the party can prove this, the court may annul the agreement in full or in part.
First of all, an agreement is drawn up to separate personal property from common property and decide how to split the property after a divorce.
In addition to these, the prenuptial agreement may contain decisions about:
Since child support and custody belong to the child, the prenuptial agreement has no right to dictate these conditions.
If you decide to divorce, you can use the child alimony, custody, or support agreements, but only if you both agree with them at the time of the divorce. If you do not and the case goes to court, the court will not consider the provisions of prenuptial agreement concerning children. The court primarily protects the rights of children and will assess the situation to their benefit.