What Is a Prenuptial Agreement?
A prenuptial agreement, or “prenup,” is a contract signed before marriage that sets rules for dividing property or handling finances if the marriage ends. While common in many states, South Carolina has its own rules for whether prenups are enforceable.
Are Prenups Enforceable in South Carolina?
Yes — but not every prenup automatically holds up in court. Judges in Lexington and across South Carolina will enforce a prenup if:
- Both parties fully disclosed their assets and debts.
- The agreement was signed voluntarily (no pressure or last-minute surprises).
- The terms are fair and reasonable at the time of signing.
When Prenups Can Be Challenged
Even a signed prenup may be struck down if:
- One spouse didn’t fully disclose financial information.
- The agreement was signed right before the wedding under pressure.
- The terms are extremely unfair or leave one spouse with nothing.
- Circumstances have changed so much that enforcing it would be unjust.
Why Couples in Lexington Use Prenups
Prenups are not just for the wealthy. Couples use them to:
- Protect family businesses or inherited property.
- Clarify financial expectations.
- Avoid lengthy disputes in divorce.
- Provide peace of mind for second marriages or blended families.
Quick FAQs
Are prenups automatically enforceable in South Carolina?
No. Courts review them for fairness, disclosure, and voluntariness.
Can a prenup cover child custody or support?
No. Child-related issues are decided by the court based on the child’s best interests.
Do both spouses need separate lawyers?
It’s not required, but highly recommended for fairness and to prevent challenges later.
If you’re considering a prenup in South Carolina, make sure it’s done right. Call The Farley Law Firm today to schedule a confidential consultation and protect your future in Lexington family court.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to talk about your situation.