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Prenuptial Agreements

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Mount Pleasant Family Lawyers Assist with Prenuptial Agreements

South Carolina attorneys take a common-sense approach to couples’ finances

Prenuptial agreements, also known as antenuptial agreements, help engaged couples establish what assets should be protected from interference by the family court in the event of a separation or divorce. These agreements also let couples determine how their assets will be handled. If you divorce or separate without a prenuptial agreement, you will be subject to South Carolina law regarding these issues, making an already difficult situation even more stressful.

For more than 20 years, Barker Family Law has been helping South Carolina couples reach solid prenuptial agreements that stand up in court. In addition to our firm’s legal education and experience, Douglas A. Barker holds a Master’s in Business Administration and understands the complex tax and financial issues that must be dealt with in drafting sound agreements.

Is a prenuptial agreement right for you?

You may think it is difficult to discuss a prenuptial agreement early in a relationship, but conversations held now can save a financial headache down the road. A prenup can even foster open communication about finances throughout your marriage, making it stronger and avoiding some of the disagreements over money that can strain a relationship. An agreement may be right for you and your spouse if either of you:

  • Has significant assets
  • Owns real estate
  • Has a high income
  • Has employment benefits such as profit sharing and stock options
  • Owns part or all of a business
  • Has significant retirement savings
  • Has plans to continue your education while the other spouse works
  • Has children from a previous marriage
  • Has an estate beneficiary who is not your spouse

Our attorneys have helped couples avoid future disagreements over many household finance issues with clear direction from a prenuptial agreement. We make certain that both spouses are fully aware of the agreement’s contents and the significance of signing it. We also provide wise counsel for clients whose partners are pressuring them to sign a prenup before they are ready to.

Benefits of a prenuptial agreement

Safeguarding your existing wealth in the event of a divorce is a priority for many individuals as they prepare for marriage. Some benefits of a prenuptial agreement include:

  • Avoiding court intervention when determining how property is distributed
  • Cataloguing each spouse’s individual property so it can remain theirs in the event of divorce
  • Documenting which property is marital property and which is nonmarital, or separate, property
  • Avoiding responsibility for your spouse’s personal debts, including credit cards, college loans and mortgages
  • Recording detailed arrangements you have made with your spouse
  • Establishing alimony
  • Saving time and money resulting from long court proceedings
  • Reducing conflicts
  • Setting forth rules and procedures for dealing with future financial issues

While a prenuptial agreement can do many things, it cannot dictate child support or child custody matters. This authority remains with the family court after it determines what is in the child’s best interests. But these agreements are still an important step for couples to take to protect their assets and financial freedom.

Contact a knowledgeable Mount Pleasant attorney for help with a prenuptial agreement

Call Barker Family Law at 843-640-0532 or contact us online to schedule a free consultation with a South Carolina family law attorney who understands how to craft beneficial prenuptial agreements.

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  • Mount Pleasant Office
    1051 Chuck Dawley Boulevard
    Mount Pleasant, South Carolina 29464
    Phone: 843-640-0532
    Fax: 843-310-1031
Client Distinction Award
Douglas Barker has received the 2015 Client Distinction Award from Martindale-Hubbell. This award is given only to lawyers who earn a Client Review Rating Score of 4.0 or higher (on a scale of 1-5). Less than 1% of the 900,000+ attorneys listed on Lawyers.com and Martindale.com earn this honor! Mr. Barker's rating actually exceeds the required 4.0, coming in at 5.0 out of 5.0.
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