South Carolina Postnuptial Agreement

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Updated August 07, 2022

Or use an attorney at ContractsCounsel to draft this agreement.


A South Carolina postnuptial agreement lets married couples decide how they want their property to be distributed if their marriage ends in death or divorce. Separating couples could face the state’s default rules for property division without a postnuptial or prenuptial agreement. However, unlike prenuptial agreements, which are signed before marriage and commonly known as “prenups,” postnuptial agreements are signed after marriage.

While South Carolina law allows prenups, there is far less guidance for postnuptial agreements. Parties hoping to prepare a postnuptial agreement may want to consult with a local attorney.

Signing Requirements – There are no clear rules, but creating a written document for both parties to sign is highly recommended.

Laws

Marital Property: Marital property does not include property excluded by the parties’ written contract. See S.C. Code Ann. § 20-3-630.