Download South Dakota Prenuptial Agreement Form [PDF]

The South Dakota prenuptial agreement is a legal document signed between the parties who are about to get married. They use this document to outline their financial status by listing all of their assets and liabilities accumulated before the marriage.

After determining their individual property, they outline what part of their individual property (if any) will become part of the marital property. The partners can include any funds, real estate, interest in companies or businesses, bonds, stocks, or more.

The parties can also use the prenuptial agreement after marriage to determine how they will divide the property in the event of a divorce. This can save both spouses a significant amount of time and funds and simplify the property division process.

Laws and Legal Requirements for a Prenuptial Agreement in South Dakota

The laws and legal requirements for a prenuptial agreement in South Dakota are all outlined in Section 25-2-16 to Section 25-2-25 of the South Dakota Code.

Section 25-2-16 refers to the prenuptial agreement as the premarital agreement, and it defines it as “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.”

Moreover, it defines property as “any interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.”

Signing Requirements for a Prenuptial Agreement in South Dakota

Section 25-2-17 sets the formality requirements for the South Dakota prenuptial agreement form. It provides that the prenup agreement must be made in writing. Moreover, it stipulates that both parties must sign the document.

The state law doesn’t require the parties to notarize the agreement. However, this step will additionally confirm the authenticity of the document and prevent potential disputes between the parties as well as potential fraud. The notary public will confirm the identity of the parties and acknowledge that they have personally signed the document.

Prenuptial Agreement Enforcement in South Dakota

South Dakota is one of the 27 states that have adopted the Uniform Premarital Agreement Act. This act provides certain conditions for the enforceability of the prenuptial agreement form.

The court will declare the prenup agreement unenforceable if one of the parties proves that:

Moreover, if the marriage is declared void, the prenuptial agreement will remain enforceable only to the extent necessary to avoid an inequitable result. This means that the agreement will remain enforceable only if the division of the property under regular circumstances is unfair to one of the parties to the agreement.

What Can a Prenuptial Agreement in South Dakota Cover?

A prenuptial agreement in South Dakota can cover any matter related to the financial relationship between spouses as long as it is in line with state law and public policy.

Section 25-2-18 provides the matters that can be regulated by the South Carolina prenuptial agreement template, which include:

Prenuptial Agreement in South Dakota: Validity Criteria

First, the prenuptial agreement must meet the formality criteria set by the state law to be considered valid. That means that both parties must sign the document for it to be considered valid.

Secondly, the prenuptial agreement will be considered invalid if the parties don’t get married after they sign it.