South Dakota Prenuptial Agreement | Laws

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Updated January 23, 2023

A South Dakota prenuptial agreement, more commonly referred to as a “premarital agreement,” covers a number of issues regarding the rights and obligations of each spouse during a marriage and in the event of divorce or death. These issues mostly concern the division of property and debts but also cover life insurance policies and the beneficiaries thereof. Without a prenup in place, and in cases where the couple cannot come to an agreement themselves, a court of law will determine the equitable distribution of property after divorce. Therefore, a premarital agreement can make the divorce process much smoother and less time-consuming.

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.

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