South Dakota Prenuptial Agreement Form

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.

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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:

  • getting married again from previous marriages
  • much richer or poorer than the spouse-to-be
  • into huge debts or an owner of vast property
  • have children of a prior relationship

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.

South Dakota Prenup Laws and Requirements

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.

Signing Requirements

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.

Enforceability

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:

  • Both parties must disclose their financial information.
  • One of the spouses can give a written refusal to get acquainted with the financial situation of the other.
  • Both spouses must sign the agreement without coercion and the use of physical or psychological threats from the other side.

After getting married, the couple may want to amend or cancel the agreement. This requires written confirmation from both parties.

Court Refusal

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:

  • They did not have the opportunity to find honest information about the partner’s financial condition and did not refuse in writing to have this information.
  • The agreement was signed under the duress of the other party.

If the party can prove this, the court may annul the agreement in full or in part.

What Prenups Can Cover

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:

  • which state laws will govern the agreement
  • what actions are allowed concerning the property
  • how the insurance policy will be used in case of death
  • whether a will is required for the operation of specific provisions in the agreement
  • spousal support
  • any other decisions that do not violate the law and do not pose a danger

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.

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Published: Feb 25, 2021