Signing Requirements
(Holler v. Holler, 364 S.C. 256 (2005)) – Both spouses must sign. No witnesses or acknowledgments are required although highly recommended.
Case Study
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 property is secured to either or 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.