South Carolina Prenuptial Agreement | Laws

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Updated July 19, 2022

A South Carolina prenuptial agreement is a contract between two prospective spouses clarifying the division of property, assets, and debts during marriage and in the event of divorce or death. For this type of agreement to be valid, a legitimate marriage or civil union must take place. Without a prenuptial agreement, the court will decide what happens to the couple’s property. With a prenup in place, the couple will be able to maintain control over their respective property and distribute marital property (assets acquired during marriage) fairly between them.

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.