A prenuptial agreement is a contract entered into between the parties
to an upcoming marriage which must be entered into prior to the
What is the Purpose of a Prenuptial Agreement?
The purpose of a prenuptial agreement is to settle before marriage,
the outcome of issues which arise as the result of the marital
relationship. Prenuptial Agreements often address the financial
responsibilities of each party during the marriage and additionally
provide for what will happen in the event of death or divorce.
What are the Requirements of a Prenuptial Agreement?
South Carolina requires that in order for a prenuptial agreement
entered into in South Carolina to be valid, that the parties each make
full financial disclosure to the other and that they have the advice of
separate attorneys. Prenuptial agreements can be complicated documents
and if not carefully drafted, may be set aside by a court at a later
time after it is too late to correct the mistake. Persons contemplating
entering into a prenuptial agreement should contact an experienced
family law attorney well before the proposed marriage date. Prenuptial
agreements entered into in a state other than South Carolina will be
recognized as valid in South Carolina provided the prenuptial agreement
was valid in the state in which it was entered into at the time it was
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