Prenuptial Agreements

What is a Prenuptial Agreement?

A prenuptial agreement is a contract entered into between the parties to an upcoming marriage which must be entered into prior to the marriage ceremony.

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 signed.

Phipps Family Law, P.A.

Hilton Head Island

(843) 689-6242

Newberry, SC

(803) 405-0009

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