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Prenuptial Agreements in South Carolina Divorce

Prenuptial Agreements in South Carolina Divorce


Recently, I have noticed renewed interest in Premarital Agreements. I attribute the interest to three factors: 1) many people are marrying later in life than previously, with more practical experience resulting in caution; 2) many couples live together before marrying, eliminating the urgency to marry; and 3) about 50% of marriages still end in divorce.

At least one person in any romantic twosome is likely to have experienced divorce, with parents or siblings or friends who have endured the divorce process. And divorce can be very unpleasant: most people who have experienced divorce describe it extremely negative terms. The unpleasantness, more often than not, is the result of property and money disputes.

It’s right here in Section 12 of the prenup: ‘Romeo to provide the ladder.’

Prenuptial Agreements, also known as Antenuptial Agreements, are contracts that allow the couple to decide before marriage their property rights in the event of divorce. South Carolina Code specifically excludes from divorce proceedings “property excluded by written contract of the parties.” The statue can be found here: S.C. Code §20-3-630(4)  A properly prepared Prenuptial Agreement fills the role of that “written contract.”

Drafting an enforceable Prenuptial Agreement requires an experienced and diligent attorney. The legal rules can be complex, and specific language often is required.

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