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Get detailed guidelines on how to draft the South Carolina prenuptial agreement using our professional prenuptial agreement template.
Customized for South Carolina This document may be legally binding in South Carolina according to your state specific regulations.
The South Carolina prenuptial agreement is a legal document that outlines the basic rules for how future spouses will regulate their financial relationship during or after marriage.
There are multiple phases of marriage that the parties can use the prenuptial agreement for:
The laws and legal requirements for a prenuptial agreement in South Carolina are mostly based on the precedents established by the state courts and a few provisions of the state law. This is mainly due to the fact that South Carolina hasn’t adopted the Uniform Premarital Agreement Act.
“Antenuptial settlements are contracts or agreements entered into between a man and woman before marriage, but in contemplation and generally in consideration of marriage, whereby the property rights and interests of either the prospective husband or wife, or of both of them, are determined, or where the property is secured to either of them, to both of them or to their children.
An antenuptial contract is valid and will be upheld when, and only when, it is entered into freely, fairly, and in good faith by parties legally competent to contract. An antenuptial agreement must be free from duress, fraud, deceit, misrepresentation, or overreaching. Further, the agreement must not be unconscionable.”
In South Carolina, both parties to the agreement must sign the document.
Although the state law doesn’t require the notarization of the prenuptial agreement in South Carolina, parties should still consider completing this step if possible. The notarization will provide additional confirmation of the document’s authenticity and prevent potential fraudulent activities.
The South Carolina prenuptial agreement form is deemed unenforceable if one of the parties proves that:
Moreover, if the agreement includes provisions about spousal support that are extremely unfair to one of the parties, these provisions will also be considered unenforceable.
The prenuptial agreement in South Carolina can cover any matter connected with the parties’ financial status during or after the marriage. However, the provisions must be in line with state law and public policy.
Below, you can see some of the most common matters that the prenuptial agreement template can regulate:
The prenuptial agreement will be considered invalid if it doesn’t meet the formality criteria set for the prenuptial agreement. This implies that for the prenuptial agreement to be considered valid, both spouses must sign it.
Moreover, the prenup agreement will be invalid if the parties don’t get married after signing it.
