What is a postnuptial agreement?

A postnuptial agreement is a legal document that is created and agreed to by a married couple after they are married. This document outlines the terms of how the couple will divide assets or debts should the marriage come to an end, either through death or divorce. It can be used to protect the financial interests of both spouses in the event of the end of the marriage. In South Carolina, a postnuptial agreement is formally referred to as an antenuptial or premarital agreement. This document is seen as an amendment to a prenuptial agreement and can be used to replace or amend certain terms of it if the couple’s financial situations have changed since the signing of the prenuptial agreement. A postnuptial agreement needs to be drafted and signed by both spouses and should be witnessed and notarized by the same people who signed it. Any promise made in the agreement must be fair to both parties and not involve certain issues such as child support. If either spouse fails to abide by the agreement’s terms, a court can invalidate it. It is important to consult an experienced family law attorney before signing a postnuptial agreement in South Carolina. This type of agreement is legally binding, so it is important to make sure that you and your spouse are fully informed and understand the implications of the document.

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What is a postnuptial agreement?

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