Signing Requirements
(§ 25-2-17) – Both parties must sign the document; notary acknowledgment recommended.
Laws
Uniform Premarital Agreement Act (UPAA) – South Dakota is one of the 27 states that has accepted the UPAA, an act that helps legally enforce prenuptial agreements.
Equitable Distribution
Laws – § 25-4-4 (Division of property between parties)
South Dakota is an “equitable distribution state,” and the division of property is overseen by the Circuit Court within the Judgment of Divorce. This means that, regardless of title, all marital property will be divided in an unbiased fashion according to the court. However, equitable distribution only applies when a prenuptial agreement wasn’t executed and the parties cannot agree on the division of property.