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What should you know about prenuptial agreements?

On Behalf of | Mar 21, 2024 | Marriage |

Prenuptial agreements provide valuable protection for both parties. These agreements must be mutually beneficial because an agreement that overly favors one person could be thrown out in court.

Understanding the basics of prenuptial agreements in South Carolina is important so that if you’re engaged, you can make informed decisions about your options. Reviewing the following concerns is a good way to get started.

What to include in a prenuptial agreement

In South Carolina, prenuptial agreements can encompass a variety of terms, primarily focused on property and financial matters. It’s advisable to include provisions for the division of property and assets, both those acquired before and during the marriage. Clarifying the ownership of premarital assets helps in protecting them as separate property.

Additionally, detailing how marital debts will be handled upon divorce can prevent misunderstandings and conflicts later. Alimony and spousal support terms can also be outlined, specifying conditions or waivers, although such provisions must not promote divorce or violate public policy.

Things to leave out of a prenuptial agreement

Certain topics should be avoided in a prenuptial agreement to ensure its enforceability in South Carolina. For instance, matters relating to child custody and child support cannot be predetermined in a prenuptial agreement, as these decisions are made based on the child’s best interests at the time of divorce or separation. Furthermore, clauses that encourage divorce or that are deemed unfair, fraudulent, or coercive can result in the entire agreement being set aside by a court.

Tips for presenting a prenuptial agreement

The manner in which a prenuptial agreement is presented can significantly affect its perception and acceptance. It’s crucial to approach the topic openly and honestly, well in advance of the wedding date. This allows both parties sufficient time to consider the agreement and seek independent legal guidance.

Emphasizing that prenuptial agreements are tools for protecting both partners can help frame it in a positive light. Encouraging open dialogue about each party’s financial expectations and concerns can also foster a cooperative atmosphere. Ensure both parties have independent legal representation to aid in the agreement’s fairness and enforceability. This may strengthen your relationship by laying a foundation of trust and transparency.