How is a prenuptial agreement enforced?

In South Carolina, a prenuptial agreement typically stipulates how a couple intends to handle their assets and liabilities in the event of a divorce. It is a contract that both parties consent to prior to marriage and outline how they would split assets, including property, real estate, investments, and savings, in the event of separation or death. The agreement is legally binding and should be entered into without coercion. If a couple divorces and there is a prenuptial agreement in place, courts typically uphold the contract, assuming it was created legally and with the relevant provisions. The parties must have had time to understand and accept the contract, and if it is found that both parties had full knowledge of the agreement and its provisions, then the court will enforce it. However, a court may choose not to enforce a prenuptial agreement if it finds that the contract was created in a way that is unfair to either party. The South Carolina Supreme Court also states that prenuptial agreements must be tested to ensure that the provisions do not violate public policy. In order to be most effective, a prenuptial agreement should be crafted carefully and reviewed by legal counsel prior to being signed by both parties. This is the best way to ensure that the agreement is fair and legally binding and will be enforced in the event of a divorce.

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