Download South Carolina Postnuptial Agreement Form [PDF]

Follow our step-by-step guide on how to draft the South Carolina postnuptial agreement using our customizable postnuptial agreement template.

Last update: 30 Apr 2024

Download South Carolina Postnuptial Agreement Form [PDF]

The South Carolina postnuptial agreement is a legal document that outlines the rights and obligations of each spouse in terms of their individual and marital property.

Each party will use the document to determine what assets and liabilities they have acquired until the moment of signing the agreement. Moreover, the parties can use the document to determine how the property will be divided in case they get divorced.

There is a difference between postnuptial and prenuptial agreements. With prenup agreements, the parties sign the document before they get married. However, with the postnuptial agreement, the parties sign the document once they have already entered the marriage.

Laws and Legal Requirements for a Postnuptial Agreement in South Carolina

The laws and legal requirements for a postnuptial agreement in South Carolina are lined out to determine what the postnuptial agreement should look like. Moreover, the state laws and regulations also provide the conditions under which the postnup agreement will be unenforceable, as well as guidelines on what provisions the document can or cannot include.

In South Carolina, the main sources of law for determining the legality of the postnuptial agreement form are state laws and court decisions.

Section 20-3-630 of the South Carolina Code of Laws provides that the property excluded by the written contract of the parties will not be considered marital property.

Signing Requirements for a Postnuptial Agreement in South Carolina

The postnuptial agreement, also called the postnup agreement, should be made in written form. Moreover, for this kind of document to be valid, both parties must sign it.

The state law doesn’t explicitly require the parties to notarize their postnuptial agreement. However, they should still consider completing this step since it will confirm the authenticity of the document and prevent potential disputes in this regard. The notarization of the agreement can also prevent potential fraudulent activities.

Postnuptial Agreement Enforcement in South Carolina

There are multiple requirements that the South Carolina postnuptial agreement must fulfill to be considered enforceable:

Postnuptial Agreement Enforcement Conditions

  • Both parties must sign the agreement voluntarily

  • Both parties must make a full and truthful disclosure of their financial status by providing a list of assets and liabilities they have acquired before signing the agreement

  • The terms of the postnuptial agreement should be fair and reasonable for both spouses

In addition, when determining the enforceability of the postnuptial agreement, the court will also consider if the parties understood the legal consequences of signing the postnuptial agreement and if they consulted their legal advisor before signing the form.

What Can a Postnuptial Agreement in South Carolina Cover?

The postnuptial agreement template in South Carolina can cover multiple aspects of the financial and non-financial relationship between the two spouses. However, when drafting the document, the parties should make sure it is in line with state law and public policies.

Here, you can see the matters that are most commonly regulated by the provisions of the South Carolina postnup agreement:

Provisions in a Postnuptial Agreement

  • The rights and obligations of each spouse in connection with their individual and marital property

  • Right to sell, buy, lease, transfer, exchange, mortgage, and manage the property acquired during the marriage

  • Agreement on how the property will be divided in case of marriage dissolution, divorce, death, or any similar event

  • Matters related to alimony, pensions, insurance, wills, trusts, and more

Postnuptial Agreement in South Carolina: Validity Criteria

The first validity criteria of the South Carolina postnuptial agreement is connected with the formality criteria set by the state law. This means that the parties must create the document in written form and that they both must sign the agreement for it to be considered valid.

Moreover, the validity of the postnuptial agreement also depends on the existence of the marriage. This means that the spouses can enter into a valid postnuptial agreement only after they get married.

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