What is a prenuptial agreement?

A prenuptial agreement, also known as a “prenup,” is a legally enforceable contract that couples sign before getting married. In South Carolina, this agreement allows couples to establish the rights, duties, and obligations that each spouse will have in the event their marriage comes to an end. Prenuptial agreements are usually used to decide how assets and debts will be divided in the event of a divorce. This includes deciding how real estate, investments, savings, and retirement funds will be divided and who will be responsible for any debts. In addition, couples may use prenuptial agreements to specify how spousal support will be handled, and any other financial decisions made during the marriage. Prenuptial agreements must be in writing, and they must be signed by both parties. It’s important to make sure that both parties have received proper legal advice before entering into a prenuptial agreement, and that each party has fully disclosed all financial information to the other. Additionally, both parties must enter into the agreement voluntarily and without any pressure or duress. In South Carolina, prenuptial agreements can be modified or revoked at any time by both parties entering into a subsequent agreement. It is also important to note that prenuptial agreements must be validated by a court in order to be enforced.

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