If you're considering a prenuptial agreement in South Carolina, contact a local family law attorney today to start the conversation and protect your peace of mind.
Create your prenuptial agreementWhat Prenuptial Agreement needs to be valid in South Carolina
- Both parties must voluntarily sign the agreement in writing.
- Full and fair disclosure of each spouse's assets and debts is required.
- The agreement must be signed before the marriage ceremony.
- Both signatures should be notarized, and witnesses are recommended for added validity.
- The terms must be conscionable, meaning they cannot be unconscionable at the time of enforcement.
- An attorney is not legally required, but each party should have independent legal counsel to ensure enforceability.
How to set up a Prenuptial Agreement in South Carolina
- Begin by listing all assets, property, and debts you and your partner own.
- Discuss your financial goals and what each of you wants to protect or waive.
- Consult with a South Carolina family law attorney experienced in prenuptial agreements.
- Draft the agreement with your attorney, ensuring it includes all necessary disclosures and terms.
- Review the agreement separately with your own lawyers, and make adjustments as needed.
- Sign the agreement several weeks before the wedding, have it notarized, and keep original copies.
How much it costs
The cost of a prenuptial agreement in South Carolina varies widely depending on complexity and attorney fees. On average, couples pay between $1,200 and $2,500 when working with two lawyers. Simple, uncontested agreements with proper disclosures may cost less, but investing in legal counsel helps ensure the agreement holds up in court.
Before You Begin: SC Prenup Checklist
Prepare properly for a valid South Carolina prenuptial agreement. Here's what to have ready and know before drafting.
- Gather full financial disclosures: assets, debts, income, and property for both parties.
- Ensure both parties have independent legal counsel or knowingly waive it in writing.
- Draft the agreement in writing and have it signed voluntarily before the wedding.
- Notarize your signatures—South Carolina requires notarization for recording, and it helps prove validity.
- List all property (real estate, retirement, business interests) you intend to keep separate.
- Avoid surprises: last-minute or unconscionable agreements are more likely to be challenged.
Questions people ask
Is a prenuptial agreement legally binding in South Carolina?
Yes, if properly executed. It must be in writing, signed voluntarily by both parties, and include fair disclosure. It's also important that the agreement is not unconscionable and is signed before marriage.
Do we need a lawyer to create a prenup in South Carolina?
No, you can create one without a lawyer, but having separate attorneys is strongly recommended. Without legal counsel, a court might decide the agreement is unfair or that one party didn't understand their rights, making it unenforceable.
Can a prenuptial agreement address child support or child custody?
No. South Carolina courts decide child support and custody based on the best interests of the child at the time of divorce. Prenups typically cover property division and spousal support, not children.
When is the best time to sign a prenuptial agreement?
Sign it well in advance of the wedding, ideally at least 30 days before. This shows both parties had time to consider and discuss the terms, which strengthens its validity. Signing too close to the wedding may appear coercive.